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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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we sued a party for failing to return our deposit for a down

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we sued a party for failing to return our deposit for a down payment for a home in the State of Louisiana. they in turn sue us or entered a cross claim and or re conventional demand although they show evidence that registered mail was sent out unclaimed of which we the recipients never got notice or received The defendants of the lawsuit who has issued cross claims and re conventional demands are now alleging that we are admitting through conjecture and or failure of filing a response in 15 days as prescribed by law that we are admitting and not denying any of their claims . This is simply not true . They are saying the defendant on reconvential demand unanswered request for Admission 1 directed towards one plaintiff at exhibit p-12 which is evidence that they sent out registered mail, however the plaintiff has never received this mail nad or had a chance to respond because he has not seen it , and although they are saying it was served on one plaintiff through legal counsel on Feb 8th 2013, and constructlivley served on another plaintiff when the postman attempted to deliver it to him on Feb 26th, 2013 and March 20 2013 see exhibits P-12 and p-13 more photostats of resisted mail attempted to be delivered but not received. They are claiming that under the Louisiana Code of Civil Procedure Art. 1467 , a request for admission not denied within 15 days of service is deemed admitted . The Plaintiffs MAKE NO SUCH ADMISSIONs. They are claiming that one plaintiff who was served by certified mail which is " unclaimed " is legally adequate . Is this so ??? and if so what are my legal defenses to ascertain that the Plaintiffs, Me and my spouse, make no legal admissions that can be conjectured to be an untruth.
they are citing Dean v. Waters 667 So. 2d 1137 (LA. App.4th Cir. 1996 ): and fairway estatesHomeowners Association Inc. vs. Jordon 15 So. 3d (La. App.4th Cir. 2009 ) in that parties are not entitled to frustrate service by refusing to claim notices properly given by certified mail. this is further from the truth, we are the plaintiffs and are seeking resolution , they are the plaintiffs and are seeking to cause confusion by filing false cross claims and re conventional demands of which they cannot prove and are unsubstantiated. because this is their only defenses to their actions which have cause us to enter into this law suit in fact the failure to return our deposit in accordance with Louisiana Residential Agreement to Buy and Sell Lines and paragraphs 219 which states DEFAULT OF AGREEMENT BY SELLER In the event of any default of this agreement by Seller except as set forth in lines 110 thru 122 ( which have to do with the ability of the buyers inability to obtain a loan and or the property not meeting the appraisal price ) or lines 209 thru 212, ( which has to do with seller having to pay for and deliver merchantable title and reserving the right to demand the buyer the return of the deposit etc. ) BUYER shall at BUYERS option have the right to declare this agreement null and void and with no further demand or to demand and/or sue for any of the following 1) Termination of this agreement 2) Specific performance : 3) Termination of this agreement and an amount equal to 10% of the sale price as stipulated damages . WHich in our case sale price is 189,000.00 and line 225 says Further, BUYER shall be entitled to the return of the Deposit . The prevailing party to any litigation brought to enforce any provision of this agreement shall be awarded their attorney fees and costs, The seller may also be laible for BROKER fees , which in this case there were no broker fees.
The defendants are seeking through frivolous cross claims and re conventional demand, on technicalities trying to say that because we failed to answer their registered mail which we never got a notice of , are trying to say we admit to their questions as being true when in fact they are not and we deny their false allegations WHAT IS A DEFENSABLE SOLUTION To their Judicial Bullying and trying to convert untruths into truths ???



Optional Information:
State relating to question: Louisiana
Additional information to your question: we are going to court Monday Morning to defend against a writ of Mandamous and their allegations that we filed a false Lis Pindens on their property . we were able to get a Lis PEndins on said property because they put in their invoice on the property that they used our 10,000.00 for improvements its in Black and white their forms not ours.



Welcome and thank you for your question. I will be the professional that will be assisting you.



They are saying the defendant on reconvential demand unanswered request for Admission 1 directed towards one plaintiff at exhibit p-12 which is evidence that they sent out registered mail, however the plaintiff has never received this mail nad or had a chance to respond because he has not seen it , and although they are saying it was served on one plaintiff through legal
Submitted: 10 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, in order for them to hold interrogatories deemed admitted, they have to prove you were actually served with them and failed to answer. If they cannot prove you were served, which they cannot do, then this is grounds to have the court grant an extension of time for you to answer and not hold them as admissions against you. It is up to you to produce good cause reason for not answering them in 15 days.

Furthermore, he could not work as her agent and he could not sign on her behalf without a specific power of attorney stating he could transact real estate on her behalf.

If plaintiff proves their case it could be financial abuse against the elderly. The issue is he is playing games about who owns the property. The deed is proof of who owned the property and that is what you need to get from the parish recorder of property records and he can claim anything he wants, but what is in the property records is who the legal owner is as considered by the court.



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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88666
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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