Legal Question in Real Estate Law in Louisiana
how to set a court date
Once a law suit has been filed with the clerk of court's office by an attorney and now he does not want to represent me. How do I get a court date set if I have to represent myself. All court fees and attorney fees were paid. This is about a home purchased with major defects not disclosed by seller.
1 Answer from Attorneys
Re: how to set a court date
While you may certainly file a Motion to Set for Trial with the court yourself, a better course of action would probably be to seek new counsel. In Louisiana, the sort of action that you describe is referred to as a redhibition action. Your chnaces of success often depend upon whether your act of sale contained a waiver of redhibition (the so- callled "as is" clause). These actions have many technical rules and if you are going to represent yourself rather than getting new counsel, you should familiarize your self with the provisions of the Louisiana Civil Code addressing redhibition actions. As for the trial setting, the court should have a form to use for this purpose.