Assume loan

[Upandatit]

Louisiana
I loaned someone money to get their son out of jail. I have text messages from this person admitting that yes she does owe me. A few payments have been made but last few months she is saying she doesnt owe me her son does because she didn't benefit from the loan. She is now telling me the she and her son went to a notary and filed paers with clerk of court saying her son is now responsible for the loan. Can they do that without me agreeing to it?

 

[quincy]

Louisiana
I loaned someone money to get their son out of jail. I have text messages from this person admitting that yes she does owe me. A few payments have been made but last few months she is saying she doesnt owe me her son does because she didn't benefit from the loan. She is now telling me the she and her son went to a notary and filed paers with clerk of court saying her son is now responsible for the loan. Can they do that without me agreeing to it?

The loan agreement was between you and the mom, not you and the son.

An agreement between two parties cannot be changed without the consent of both of the parties.

It is great for the mom to expect her son to pay HER back, but she is still responsible for paying YOU back.

 

[latigo]

Louisiana
I loaned someone money to get their son out of jail. I have text messages from this person admitting that yes she does owe me. A few payments have been made but last few months she is saying she doesnt owe me her son does because she didn't benefit from the loan. She is now telling me the she and her son went to a notary and filed paers with clerk of court saying her son is now responsible for the loan. Can they do that without me agreeing to it?

A notary like that would be handy to have around!

 

[NIV]

A notary like that would be handy to have around!

You never know the power of a notary public under a civil law jurisdiction until you try.

 

[paddywakk]

Louisiana
I loaned someone money to get their son out of jail. I have text messages from this person admitting that yes she does owe me. A few payments have been made but last few months she is saying she doesnt owe me her son does because she didn't benefit from the loan. She is now telling me the she and her son went to a notary and filed paers with clerk of court saying her son is now responsible for the loan. Can they do that without me agreeing to it?

You gotta remember, the notary is only verifying the identity of the people who signed the agreement, not that they are doing anything legal or illegal or that this agreement is now binding on you.

 

[Zigner]

You gotta remember, the notary is only verifying the identity of the people who signed the agreement, not that they are doing anything legal or illegal or that this agreement is now binding on you.

Notaries in Louisiana are a totally different animal than in the rest of the country. A Louisiana notary can do far more than simply verifying the identity of the person signing. Check it out - you may learn something

 

[adjusterjack]

Notaries in Louisiana are a totally different animal than in the rest of the country. A Louisiana notary can do far more than simply verifying the identity of the person signing. Check it out - you may learn something

You got me curious. Louisiana notaries have a variety of powers generally reserved for attorneys in all other states. Louisiana Revised Statutes 35:2 lists them.

A(1)(f) is interesting because Louisiana notaries apparently have the power to raise the dead.

Louisiana R.S. 35:2 - General powers; administration of certain oaths in any parish; true copies

A.(1) Notaries public have power within their several parishes:

(a) To make inventories, appraisements, and partitions;

(b) To receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing;

(c) To hold family meetings and meetings of creditors;

(d) To receive acknowledgements of instruments under private signature;

(e) To make affidavits of correction;

(f) To affix the seals upon the effects of deceased persons, and to raise the same.

 

[Zigner]

You got me curious. Louisiana notaries have a variety of powers generally reserved for attorneys in all other states. Louisiana Revised Statutes 35:2 lists them.

A(1)(f) is interesting because Louisiana notaries apparently have the power to raise the dead.

Don't mess with a Louisiana notary!

 

[LdiJ]

You got me curious. Louisiana notaries have a variety of powers generally reserved for attorneys in all other states. Louisiana Revised Statutes 35:2 lists them.

A(1)(f) is interesting because Louisiana notaries apparently have the power to raise the dead.

Louisiana is one of a handful of states whose laws are based on the Napoleonic Code, rather than English Common Law. Therefore there are many things about their laws that are very different than most other states.