Legal Question in Real Estate Law in Louisiana
Representaton without knowledge of proceeding
How can a lawyer represent me for two
years and I never knew I had a court
appointed lawyer? Now I have to
respond immediately on if I am going to
show up or be absent on a matter that
has been going on for two years. It is
reguarding a divorce decree that said to
sell domicile. There was a buyer, moved
to CA with children per court
permission, and signed/notorized final
papers and mailed back. Thought house
sold and was done. Ex reniged on sale
and refused to move. He did not pay
mortage and seizure started. To stop it,
he filed bankruptcy. (Nov 04) I got a
copy of it and wrote courts reporting
things were joint (not reported as joint
in assets statement and sent copy of
divorce orders. I heard nothing till now
from a Lawyer who I now find was
assigned to me Dec 04. Is this legal?
How do I respond? Get a Lawyer in CA
who I can see to contact the one who
hasn't contacted me for two years?
Income to pay a lawyer is an issue let
alone fly/drive to LA for a court hearing.
Will I have to pay him? I have the kids
and a job and make it month to month.
Please explain the legalities of what has
occurred. My understanding and trust
of the system is not clear now.
1 Answer from Attorneys
Re: Representaton without knowledge of proceeding
Louisiana is the only one of the states of the USA that has a legal system based on the Civil Law rather than the Common Law. Civil Law comes from Europe, most notably France, where the Napoleonic Codes were adopted. This reflects Lousiana's French historical background. All 49 other states and the District of Columbia have law based on English Common Law; even though many of those states had Spanish or other historical influences, the English system became prevalent.
Because Louisiana law is so strikingly different from that of any other state, it is especially dangerous to assume anything you know about law and court procedure will apply there. You absolutely must get advice from a lawuer who is admitted to practice in Louisiana.
I jasten to add that all states operate under the United States Constitution, which contains guarantees of due process (and the other Constitutional rights and guarantees), so they can't be totally out of step down there, but the details of court procedure, property law, and divorce are going to draw heavily from the Civil Law and it's, well, different.
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