Small claims in Louisiana.
Standard $5,000 cap and 15-day appeal window.
- Most you can sue for$5,000Same cap for individuals and businesses
- Filing fee$35-$100Varies by court and claim amount
- CourtCity Court or Justice of the Peace Court
- Lawyers at trialAllowedPermitted but not required
- Appeal window15 daysAppeal to District Court
- Recent change—No major changes in the last 3 years
Find your situation.
Louisiana small claims handles money disputes up to $5,000 (or $5,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Louisiana allows you to file claims for breaches of contract and money owed up to $5,000 in small claims court. The statute of limitations varies depending on the type of contract.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are handled separately from small claims and may not be subject to the $5,000 limit.
Try instead: City Court or Justice of the Peace Court eviction proceedings
Title to real estate
Disputes involving ownership of real property are beyond the jurisdiction of small claims court.
Try instead: District Court
Defamation
Claims involving defamation are complex and exceed the scope of small claims court.
Try instead: District Court
Malpractice
Professional malpractice claims require expert testimony and are not suitable for small claims court.
Try instead: District Court
Family law and probate
Matters such as divorce, child custody, and wills are handled by specialized courts.
Try instead: Family Court or Probate Court
Federal claims
Claims against the federal government or involving federal law are outside the jurisdiction of state small claims courts.
Try instead: Federal Court
Class actions
Small claims court does not handle class action lawsuits.
Try instead: District Court
Injunctions/specific performance
Small claims court cannot issue injunctions or orders for specific performance.
Try instead: District Court
Workers' compensation
Claims for workers' compensation benefits are handled by specialized administrative courts.
Try instead: Louisiana Workforce Commission
Suing a deceased person
Claims against deceased individuals must be filed against their estate in probate court.
Try instead: Probate Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can facilitate settlement and demonstrate good faith.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the City Court or Justice of the Peace Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Louisiana: Availability of e-filing depends on the specific court; check with the local clerk's office.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 15 days before the hearing (in the same county) or 30 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail. Court clerk sends documents via certified mail with return receipt.
- Private process server. A licensed individual delivers the documents to the defendant.
File the proof of service () at least 5 days before the hearing.
What if you can’t find the defendant?
May request court approval for alternative service methods, including publication.
Document attempts and seek court permission for alternative service.
Show up to the hearing
Bench trial with informal procedures; each side presents evidence and arguments.
Lawyers at trial: Allowed. Parties may be represented by attorneys but are not required to do so.
When you’ll get the decision: On the spot or mailed within 30 days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant does not appear, the court may grant a default judgment in favor of the plaintiff.
You still have to prove your case. Plaintiff must provide evidence to support the claim even if the defendant defaults.
If you’re the defendant being sued
Defendant should file an answer within 10 days of service; failure to do so may result in a default judgment.
Counter-suing the plaintiff: Allowed using (Counterclaim). Serve the plaintiff at least 10 days before trial (same county) or 20 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the small claims limit, the case may be transferred to a court of competent jurisdiction. La. Rev. Stat. § 13:5206
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve the bank, and the bank freezes and transfers funds to the court.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor has sufficient funds in the account.
What’s protected:
- Social Security and federal benefits
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File the judgment with the parish clerk to create a lien; debtor cannot sell or refinance without satisfying the lien.
Cost: $50-100
Notes: Effective for securing payment but may take time until property is sold.
What’s protected:
- Homestead exemption
Writ of execution
Seize and sell debtor's non-exempt property to satisfy the judgment.
How it works
Obtain a writ from the court, sheriff seizes property, and it is sold at auction.
Cost: $100-200 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt property.
What’s protected:
- Personal property exemptions
Multiple creditors? Priority rules.
First to record the judgment has priority among creditors.
Can you appeal if you lose?
either
- Deadline: 15 days from the judgment notice.
- Filing fee: $200.
- Form: Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the District Court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
A default judgment may be set aside by filing a motion to vacate; if denied, the denial can be appealed.
Motion to vacate: file within 30 days of the judgment notice. If you never received notice, you have up to 180 days.
If the motion is denied, you have 30 days to appeal the denial. Defendant may appeal the denial of a motion to vacate within 30 days.
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
East St. Tammany
- Online Dispute Resolution Pilot Project: Parties are required to participate in the Online Dispute Resolution Pilot Project process.
Why cases get dismissed.
Wrong defendant naming
What goes wrong: If you sue 'John's Garage' but the legal entity is 'JG Auto Repair LLC', the judgment may be unenforceable against the LLC's assets.
How to avoid it: Search the Secretary of State business records before filing and use the exact registered name; for sole proprietors use the individual's full legal name.
Missed statute of limitations
What goes wrong: Filing one day after the deadline gets the case dismissed with prejudice.
How to avoid it: Check the statute of limitations for your specific claim type before filing; for fraud, the discovery rule applies but be prepared to prove when you reasonably could have discovered it.
Improper service of process
What goes wrong: If the defendant isn't properly served, the case can be delayed or dismissed.
How to avoid it: Follow Louisiana's service rules carefully; consider using the sheriff for service to ensure compliance.
Filing in the wrong venue
What goes wrong: The defendant can request the court to transfer or dismiss the case if filed in the wrong venue.
How to avoid it: File in the correct parish based on the defendant's residence or where the cause of action arose.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim exceeding the small claims limit, the case may be transferred to a higher court.
How to avoid it: Be prepared to address potential counterclaims and understand the implications for your case.
Failing to collect judgment
What goes wrong: Winning a judgment doesn't guarantee payment; you must take steps to collect.
How to avoid it: Familiarize yourself with collection methods like wage garnishment and property liens.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources18 citations and statutes
- Louisiana Supreme Court
- Louisiana State Bar Association — Self-help
- Louisiana Code of Civil Procedure Title V (City and Parish Courts)
- La. Code Civ. Proc. art. 4831 et seq. (Small claims)
- Louisiana Revised Statutes — index
- Louisiana Civil Code (general civil law)
- Louisiana Code of Civil Procedure
- Louisiana civil court forms (sample parish)
- La. Rev. Stat. § 13:841 et seq. (Court fees)
- La. Code Civ. Proc. art. 1231 et seq. (Citation and service)
- La. Code Civ. Proc. art. 4924 (Small claims appeal)
- La. Code Civ. Proc. Book V Title II (Execution)
- La. Rev. Stat. § 13:3881 (Wage exemption)
- La. Rev. Stat. § 51:1401 et seq. (Unfair Trade Practices Act)
- La. Rev. Stat. § 9:2782 (Bad check)
- La. Rev. Stat. § 9:3251 (Lessee deposit)
- La. Rev. Stat. § 23:631 (Final wages)
- La. Rev. Stat. § 9:3500 (Legal interest rate)
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.