FastCounsel

Detailed Answer

When an individual dies in Louisiana, the succession representative (executor) must notify creditors by publishing notice in a local newspaper (La. Code Civ. Proc. art. 3251) and filing an inventory within three months (La. Code Civ. Proc. art. 3252). Creditors then have one year from the date of death to present claims against the estate (La. Code Civ. Proc. art. 3281).

1. Verify Procedural Compliance

• Confirm the executor published the creditor notice correctly (La. C.C.P. art. 3251).
• Ensure an inventory was filed on time (La. C.C.P. art. 3252).
• Check that the creditor presented the claim within one year of death (La. C.C.P. art. 3281).

2. Identify Predatory Lending Violations

• Usury: Louisiana caps interest rates. Under the Consumer Credit Law, most consumer loans cannot exceed 17 percent per annum (La. R.S. 9:3510).
• Home Loan Protection Act: Limits fees on mortgage and home equity loans (La. R.S. 6:1121–1133).
• Unconscionability: A contract may be void if terms are excessively one-sided (La. C.C. art. 1967).
• Lesion Beyond Moiety: If immovable property was sold for less than half its value, the sale is rescindable (La. C.C. art. 2007).

3. Challenge the Claim in Court

1. File an opposition to the creditor’s claim in the succession proceeding, raising an exception of no cause of action (La. Code Civ. Proc. art. 927).
2. Plead the specific statutory violations (usury, unconscionability, lesion beyond moiety, or Home Loan Protection Act breaches).
3. Submit evidence: loan agreements, payment histories, expert appraisals of property value, and any deceptive marketing or misrepresentations.
4. Request rescission of the loan contract and dismissal or reduction of the creditor’s claim. You may also assert a reconventional demand for damages to the succession if the creditor’s conduct caused loss.
5. If the creditor contests, proceed to trial in the district court handling the succession.

Helpful Hints

• Keep detailed records of all communications and filings.
• Obtain a professional appraisal to prove lesion beyond moiety.
• Document any evidence of high-pressure sales tactics or misrepresentations.
• Meet all court deadlines—missing a deadline can bar your challenge.
• Consider mediation before trial to save time and expenses.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.