Small Claims Court in Louisiana: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Louisiana consumers and small businesses handling disputes up to $5,000.
| Fact | Detail |
|---|---|
| Maximum claim | $5,000 |
| Filing fee | $35 per defendant (La. R.S. 13:5205) |
| Court | Small Claims Division of City Courts, or Justice of the Peace Courts |
| Time to hearing | Varies by court (often 10 to 45 days in Justice of the Peace courts; longer in busy city courts) |
| Attorneys allowed? | Yes |
| Deadline to sue on a written contract | 10 years from breach (La. Civ. Code art. 3499) |
| Service methods | Court clerk certified mail, sheriff or constable, private process server, court-ordered alternate service, publication |
| Appeal window | 15 days from Justice of the Peace judgment (city court small claims are generally final) |
1. What is small claims court in Louisiana?
Small claims court in Louisiana is the Small Claims Division of a city court, or a Justice of the Peace court in parishes without a city court. It hears civil money disputes up to $5,000 and is built for people who don't have lawyers. Attorneys are allowed but not required. Procedure is informal, and many cases reach a hearing within weeks rather than months.
The Small Claims Division is created by La. R.S. 13:5202 and runs as an informal docket inside a city court. In rural parishes, Justice of the Peace courts handle the same kind of claims. Both forums share the same $5,000 cap. Neither uses juries. Both apply relaxed rules of evidence so regular people can present their own case.
Louisiana's broader civil court system has three layers for money disputes. Small claims handles disputes up to $5,000. The ordinary civil docket of a city court or a parish court handles mid-sized cases. District courts hear larger civil cases with no upper limit. If your case is close to or above $5,000, file in the regular civil docket instead so a counterclaim won't push the case over the cap.
Which court hears small claims cases in Louisiana?
The court that hears small claims cases in Louisiana is the Small Claims Division of a city court where one exists. If your parish has no city court, the local Justice of the Peace court hears the claim. Both have a $5,000 ceiling under La. R.S. 13:5202. Justice of the Peace courts have narrow ward-level geographic jurisdiction, so filing in the wrong ward can get your case tossed.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four ways. First, the cap is $5,000, so larger claims have to go elsewhere. Second, the rules of evidence are relaxed and hearsay is often allowed if the judge thinks it's reliable. Third, the court is not a court of record, which means there's no transcript. Fourth, appeal rights are limited: Justice of the Peace judgments can be appealed de novo (a brand-new trial) to district court within 15 days, but city court small claims judgments are generally final.
Is small claims court the right forum for your case?
Small claims is the right forum if you're suing for money up to $5,000, the claim isn't excluded by statute, and you want a fast, informal hearing. It's a poor fit if you need an injunction, want to evict a tenant, are suing a state agency, or have a medical malpractice claim. Those go elsewhere. It's also a poor fit if the defendant might counterclaim for more than $5,000, because the whole case will be transferred out.
2. Should you file in Louisiana small claims?
You can file in Louisiana small claims if (1) your claim is for money, (2) the amount is $5,000 or less, (3) the claim type isn't on the excluded list, (4) Louisiana has venue, and (5) you're old enough and mentally competent to bring the case. Most consumer disputes fit: unpaid invoices, security deposits, property damage, bad checks, and small contract breaches.
Cases small claims can hear in Louisiana
Cases small claims can hear in Louisiana include unpaid bills, breach of small contracts, return of security deposits, damage to your car or property, bad checks, unpaid wages, consumer disputes, and money owed on an open account. The dollar value must be $5,000 or less, not counting interest and court costs. La. R.S. 13:5202 sets the cap.
Cases small claims cannot hear in Louisiana
Cases small claims cannot hear in Louisiana include evictions and other actions for possession of immovable property, injunctions, restraining orders, declaratory judgments, family law matters (divorce, custody, child support), probate and successions, medical malpractice (which requires a medical review panel first), class actions, joinder of more than ten plaintiffs, and suits against the State or state agencies under La. R.S. 13:5210. Foreclosure and executory proceedings are also off-limits.
If you're a landlord, you cannot evict a tenant in small claims even if the unpaid rent is under $5,000. The eviction has to go through the regular civil or possessory docket. You can, however, sue separately in small claims for back rent or damage after the tenant is out.
Who can sue and who can be sued?
Anyone who sues or is sued in Louisiana small claims must be old enough and mentally competent to bring the case yourself. Minors sue through a parent or guardian. Businesses sue in their registered legal name. You cannot sue the State of Louisiana or its agencies in small claims. Local cities and parishes may be sued but often require pre-suit notice under their own charters, with deadlines as short as 60 days in some municipalities.
Unlicensed contractors are barred from suing to collect fees for work that required a license. Some local rules limit high-volume filers under La. R.S. 13:5202(D) to stop debt-collection mills from clogging the docket. Claim splitting (breaking one $7,000 claim into two $3,500 cases) is not allowed.
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, the other side can move to compel arbitration and your small claims case will likely be stayed or dismissed. Louisiana does not have a blanket statutory exemption for small claims. Some consumer contracts include a carve-out that lets either side use small claims anyway. Check the fine print before you file. If the clause explicitly preserves small claims rights, you can proceed.
3. How long do you have to sue? Statute of limitations in Louisiana
In Louisiana, you generally have 10 years to sue on a written or oral contract, 3 years on an open account, 1 year for property damage or personal injury, and 4 years on a breach of warranty under the UCC. Louisiana calls this "liberative prescription." The clock starts on the date of breach or injury, or the date you discovered the harm if it was hidden. Miss the deadline and the case is dismissed.
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 10 years | La. Civ. Code art. 3499 | Date of breach or non-performance |
| Oral contract | 10 years | La. Civ. Code art. 3499 | Date of breach or non-performance |
| Open account | 3 years | La. Civ. Code art. 3494(4) | Date payment was due (invoice or last item) |
| Promissory note | 5 years | La. R.S. 10:3-118(a) | 5 years after the note's due date |
| Property damage | 1 year | La. Civ. Code art. 3492 | Date of damage |
| Personal injury | 1 year | La. Civ. Code art. 3492 | Date of injury |
| Conversion (taking property) | 1 year | La. Civ. Code art. 3492 | Date of unauthorized taking |
| Fraud | 1 year | La. Civ. Code art. 3492 | Date of harm, but tolled until discovery if concealed |
| Defamation | 1 year | La. Civ. Code art. 3492 | Date statement was published |
| Negligence | 1 year | La. Civ. Code art. 3492 | Date harm was sustained |
| Trespass to chattels | 1 year | La. Civ. Code art. 3492 | Date of interference |
| Breach of warranty (goods) | 4 years | La. R.S. 10:2-725 | Date of delivery |
| Bad check | 3 years | La. R.S. 10:3-118(c) | Date check was dishonored |
| Unpaid wages | 3 years | La. Civ. Code art. 3494(1) | Each payday triggers its own 3-year clock |
| Final paycheck | 3 years | La. Civ. Code art. 3494(1) | When final wages should have been paid |
| Security deposit | 10 years | La. Civ. Code art. 3499 | 30 days after written demand with forwarding address |
| Consumer protection (LUTPA) | 1 year | La. R.S. 51:1409(E) | Date of the unfair or deceptive act |
| Quasi-contract (unjust enrichment) | 10 years | La. Civ. Code art. 3499 | When the obligation arose |
When the clock pauses or resets in Louisiana
The Louisiana prescription clock pauses or resets when the debtor makes a partial payment or signs a written acknowledgment of the debt. Either one interrupts prescription and restarts the period from scratch. The clock can also be paused under "contra non valentem" when the cause of action was fraudulently concealed and you couldn't have discovered it. Active-duty military service tolls the clock under the Servicemembers Civil Relief Act (SCRA).
What happens if you miss the deadline
If you miss the Louisiana prescription period, the defendant raises a "peremptory exception of prescription" and your case is dismissed. The court won't usually catch it on its own, but the defendant almost always will. There's no extension for ignorance of the law. If you're close to the deadline, file first and clean up the paperwork after. The filing date is what counts.
4. Before you file: demand letter and required notices
In Louisiana, a demand letter is required for some claims and recommended for the rest. Bad-check penalties require a certified demand with a 30-day wait. Open account attorney fees require a written itemized 30-day demand. Security deposit penalties require a written demand and a 30-day wait. Even when not required, judges expect to see one. Send by certified mail with return receipt and keep proof.
Do you need a demand letter in Louisiana?
A demand letter in Louisiana is mandatory if you want certain enhanced remedies. To recover the doubled-deposit penalty under La. R.S. 9:3251, you must send a written demand and give the landlord 30 days. To recover bad-check double damages under La. R.S. 9:2782, you must send a certified demand and wait 30 days. To recover attorney fees on an open account under La. Civ. Code art. 3494, you must send a written itemized 30-day demand. For everything else, a demand letter is strongly recommended but not legally required.
What to include in a Louisiana demand letter
A Louisiana demand letter should include the exact amount you're owed, a short summary of what happened and why payment is owed, a deadline for payment (usually 30 days), your contact information, and a statement that you'll file suit if not paid. Send it by certified mail with return receipt requested. Keep the green card and a copy of the letter as exhibits for your hearing.
Pre-suit notice for special claim types
Pre-suit notice in Louisiana is required for bad checks (30-day certified demand), open account attorney fees (30-day itemized written demand), security deposit penalties (written demand after providing forwarding address), and new-home warranty cure periods. Medical malpractice requires a mandatory medical review panel before any lawsuit. Skipping a required notice doesn't always kill the underlying claim, but it does kill the enhanced remedy you were after.
How to sue a city or county in Louisiana
To sue a city or parish in Louisiana, you must check that municipality's charter or code for any pre-suit notice rules. Louisiana has no statewide municipal notice-of-claim deadline, but many cities require notice within 60, 90, or 180 days of the incident. Miss the deadline and the case is barred. You cannot sue the State of Louisiana or its agencies in small claims at all under La. R.S. 13:5210. Those claims go through the regular civil process in district court.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name. Misnaming a corporate defendant is the single most common reason small claims judgments can't be collected. Look up the business on the Louisiana Secretary of State commercial database before filing.
How to find a business's legal name in Louisiana
To find a business's legal name in Louisiana, use the Louisiana Secretary of State business filings search. Search by trade name or commercial name. The record will show the exact legal entity name, the registered agent, the agent's address for service, and whether the business is in good standing. Print the entity record and bring it to filing. If the entity is suspended or dissolved, you may need to name the owners or members personally instead.
How to name an LLC or corporation
An LLC or corporation in Louisiana is named by its exact registered name as it appears in the Secretary of State filing. Examples: "ABC Plumbing, L.L.C." or "Acme Roofing, Inc." Don't drop the "L.L.C." or "Inc." Service goes to the registered agent at the agent's listed address. If the entity has no registered agent, you may be able to serve through the Secretary of State.
How to name a sole proprietor or DBA
A sole proprietor in Louisiana is named by the owner's full legal name followed by "doing business as" and the trade name. Example: "John Smith d/b/a Smith Lawn Care." This makes the judgment enforceable against the person's personal assets. If you only name the trade name, you may end up with a judgment against a name and no person. Look up DBA registrations at the parish clerk of court or the Secretary of State if registered as a trade name.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can file a motion to amend the petition before the hearing. The court usually grants amendments freely when the defendant hasn't been prejudiced. If the defendant has already been served, you may need to re-serve the corrected petition. If you only catch the mistake after judgment, you may have to file a separate action against the correct party. Catching it early is much cheaper.
6. The forms you need to file in Louisiana
Louisiana requires a small claims petition, a citation (issued by the clerk), and a proof of service to start a case. Optional forms include an affidavit of indigency if you can't afford the fee, an answer for the defendant, and post-judgment forms for collection. Louisiana does not have a single statewide form set. Forms are provided locally by each city court or Justice of the Peace court.
| Form | Purpose | Filed by |
|---|---|---|
| Small Claims Petition / Statement of Claim | Starts the case; states parties, facts, and amount sought | Plaintiff |
| Citation / Summons | Notifies defendant of suit and hearing date | Court clerk (issued) |
| Affidavit of Indigency / Motion to Proceed In Forma Pauperis | Asks the court to waive filing fees | Plaintiff or defendant |
| Proof / Return of Service | Documents that defendant was served | Sheriff, constable, or USPS return receipt |
| Answer | Defendant's response admitting, denying, or asserting defenses | Defendant |
| Reconventional Demand (Counterclaim) | Defendant's claim back against plaintiff | Defendant |
| Motion for Default Judgment | Asks for judgment when defendant doesn't respond | Plaintiff |
| Affidavit of Non-Military Service (SCRA Affidavit) | Required before default judgment | Plaintiff |
| Motion to Vacate Default / Motion for New Trial | Asks court to set aside a default | Defendant |
| Subpoena / Subpoena Duces Tecum | Compels witness or documents | Either party |
| Writ of Fieri Facias (Writ of Execution) | Authorizes seizure of non-exempt assets | Judgment creditor |
| Garnishment Petition and Interrogatories | Starts wage or bank garnishment | Judgment creditor |
| Satisfaction of Judgment | Records that judgment is paid | Judgment creditor |
| Notice of Appeal | Starts appeal to district court (JP cases only) | Either party |
Which forms open the case?
The forms that open a Louisiana small claims case are the Petition (or Statement of Claim) and a request for citation. The clerk prepares the citation once you file. You may also include an affidavit of indigency if you can't afford the $35 fee. Most courts want two or three copies of the petition: one for the court, one for service on the defendant, and one for your records.
Which forms does the defendant file?
The forms the defendant files in Louisiana are an Answer (admitting, denying, or asserting defenses) and, if they have a claim back against the plaintiff, a Reconventional Demand. The defendant may also file a Motion to Transfer the case from the Small Claims Division to the regular civil docket, which is a right under La. R.S. 13:5202 if filed within the time to answer. After judgment, the defendant may file a Motion for New Trial within 7 days or a Motion to Vacate Default.
How to fill out the Louisiana claim form
To fill out the Louisiana claim form, you write your full legal name and address as plaintiff, the defendant's exact legal name and address, a short factual statement of what happened, the exact dollar amount you want, and the legal basis (breach of contract, property damage, security deposit, etc.). Sign and date it. Attach copies of key documents: contracts, invoices, photos, the demand letter, and the certified mail receipt. Keep it short. Judges read hundreds of these.
What if you can't afford the filing fee?
If you can't afford the Louisiana filing fee, you file an Affidavit of Indigency (also called a Motion to Proceed In Forma Pauperis). The affidavit shows your income, expenses, dependents, and any public benefits you receive. Courts grant waivers for filers near or below the poverty line, receiving means-tested benefits like SNAP or TANF, or otherwise unable to pay without giving up necessities. The judge reviews the affidavit and either grants the waiver or sets the fees.
7. Where to file, and how (in person, mail, e-file)
File in the parish where the defendant lives, where the contract was signed or performed, or where the events happened. For landlord-tenant disputes, file where the property sits. Louisiana courts accept filings in person, by mail, and by fax. E-filing exists in some courts (such as Odyssey eFileLA in certain jurisdictions) but is not statewide. Most courts process filings within a few business days.
Which county do you file in?
The parish you file in is the parish where the defendant is domiciled, or where the cause of action arose. For a contract dispute, that's the parish where the contract was signed or performed. For property damage or personal injury, the parish where the injury happened. For a landlord-tenant claim, the parish where the rental property is. Justice of the Peace courts have ward-level jurisdiction, so even within a parish you must file in the right ward. Filing in the wrong ward can get your case dismissed.
How to file in Louisiana small claims
To file in Louisiana small claims you can walk into the clerk's office, mail the petition with payment, fax it (where the clerk accepts faxed filings), or e-file through the court's local portal where available. The clerk reviews the petition, assigns a case number, issues the citation, and arranges service. You'll get a hearing date back from the clerk, sometimes the same day, sometimes after service is complete.
How to e-file in Louisiana
To e-file in Louisiana, create an account at the local court's e-filing portal if it offers one. Some Louisiana courts use Odyssey eFileLA. Many do not have e-filing for small claims at all. Call the clerk first to ask. Where e-filing is available, accepted file types are typically PDF. There may be a small e-filing convenience fee on top of the $35 statutory filing fee.
What happens if you file in the wrong county?
If you file in the wrong parish in Louisiana, the defendant can file an exception of improper venue. Venue objections in Louisiana are waivable: if the defendant doesn't raise the objection in time, the case stays put. If the objection is granted, the case is either transferred to the correct court or dismissed. Filing in the wrong Justice of the Peace ward, by contrast, can be fatal because JP jurisdiction is geographically narrow.
8. Filing fees, service fees, and fee waivers in Louisiana
Filing fees in Louisiana small claims are $35 per defendant under La. R.S. 13:5205. That fee usually covers the cost of certified mail service by the clerk. Sheriff or constable service adds about $30 per defendant, and a private process server runs around $50. If you can't afford the fees, file an Affidavit of Indigency. Filing fees are recoverable as court costs if you win.
| Claim amount | Filing fee | Notes |
|---|---|---|
| Any amount up to $5,000 | $35 per defendant | La. R.S. 13:5205; usually includes certified mail service |
| Service method | Cost | When to use |
|---|---|---|
| Certified mail by clerk | Included in $35 filing fee | Default method; works for most defendants with a known address |
| Sheriff or constable | About $30 (varies by parish) | When certified mail fails or you want a personal handoff |
| Private process server | About $50 (varies) | When sheriff can't serve in time; requires court appointment |
| Service by publication | About $200 (newspaper rates vary) | Last resort when defendant can't be located |
| Court-ordered alternate service | Varies | When all conventional methods fail |
How much does it cost to file in Louisiana?
Filing a Louisiana small claims case costs $35 per defendant under La. R.S. 13:5205. That fee usually includes the clerk sending the citation by certified mail. Some statutory judiciary surcharges may add a few dollars on top, but local courts cannot add their own extra filing surcharges in small claims. If you sue three defendants, expect to pay $105.
How much does service cost?
Service in Louisiana costs nothing extra when the clerk uses certified mail (it's bundled with the $35 fee). If certified mail fails, sheriff or constable service costs about $30 in most parishes, though fees vary. A court-appointed private process server typically costs around $50. Publication, used as a last resort, can run $200 or more depending on the newspaper.
Can you get the filing fee waived?
You can get the Louisiana filing fee waived by filing an Affidavit of Indigency (also called a Motion to Proceed In Forma Pauperis). Show that you receive means-tested benefits, that your income is near or below the federal poverty line, or that paying the fees would deprive you of basic necessities. The judge reviews your affidavit. If granted, the court covers all costs up front, but you may have to pay them back if you collect a judgment.
Are filing fees recoverable if you win?
Filing fees in Louisiana are recoverable if you win and the judge awards costs. Recoverable costs include the $35 filing fee, sheriff or constable service fees, subpoena fees, witness fees, publication costs (if used), and reasonable other court costs. Attorney fees are not recoverable unless a statute or contract specifically authorizes them. Ask for costs explicitly in your petition and again when the judge announces the ruling.
9. Serving the defendant in Louisiana
Louisiana allows five methods to serve a small claims defendant: certified mail by the clerk (the default), personal service by sheriff or constable, a private process server, court-ordered alternate service, and publication. The clerk normally handles initial service by certified mail as part of the $35 fee. Proof of service must be in the file before the case can proceed. An Affidavit of Non-Military Service is required before any default judgment.
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Certified mail (by clerk) | Yes | Included in $35 fee | Default method |
| Sheriff or constable | Yes | About $30 | When mail fails |
| Private process server | Yes | About $50 | When sheriff can't serve timely |
| Court-ordered alternate (nail-and-mail, curator) | Yes | Varies | After diligent attempts fail |
| Publication | Yes | About $200 | Last resort, with court approval |
Service by sheriff or constable
Service by sheriff in Louisiana is the backup when certified mail doesn't work. The sheriff or constable physically delivers the citation and petition to the defendant. Cost is about $30 in most parishes but varies. The officer must file a return of service showing date, time, place, and to whom papers were given. Personal service is the strongest form of service and forecloses most defenses about whether the defendant was notified.
Service by certified mail
Service by certified mail in Louisiana is the default method. The clerk mails the citation and petition to the defendant with return receipt requested (USPS PS3811 green card). When the green card comes back signed, that's the proof of service filed in the case. If the mail is refused or unclaimed, Louisiana law often treats that as valid domiciliary service anyway, which means the case can move forward.
Service by private process server
Service by a private process server in Louisiana requires the court to appoint the server. This usually happens when the sheriff can't serve in time. Once appointed, the server delivers the papers and files an affidavit of service describing where and when. Fees are negotiated with the server (typically around $50). The server must be a competent adult who isn't a party to the case.
Court-ordered alternate or substituted service
Court-ordered alternate service in Louisiana is allowed when the plaintiff shows due diligence trying conventional service and it didn't work. The court can authorize service by posting at the defendant's last known address plus mailing, by appointment of a "curator ad hoc" (a temporary attorney appointed to receive service for an absent defendant), or by service on the Secretary of State for certain corporations. You file a motion explaining what you tried and asking for the alternative.
Service by publication
Service by publication in Louisiana is a last-resort method that requires a judge's approval after you show diligent attempts to find the defendant. Publication runs in a local newspaper for a set period. You pay the newspaper directly (often around $200 or more). The newspaper provides an affidavit of publication that gets filed with the court. Publication service is usually only used when the defendant has truly disappeared.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Louisiana, you have options. Refused or unclaimed certified mail is often still valid service. If certified mail fails entirely, ask the clerk to issue the citation for sheriff service. If the sheriff can't find the defendant, ask the court to appoint a private process server. If all conventional methods fail after diligent effort, move for court-ordered alternate service such as nail-and-mail or appointment of a curator.
Serving a military defendant
To serve a military defendant in Louisiana, you must still serve them under the usual rules, but before getting any default judgment you must file an Affidavit of Non-Military Service. The Servicemembers Civil Relief Act (SCRA) gives active-duty servicemembers protections, including the right to a stay of proceedings. Check the Defense Manpower Data Center's SCRA website to verify status. If the defendant is on active duty, the court will likely stay the case until they can respond.
10. The defendant's response
After service, the defendant in Louisiana has a short period set by local rule to file an Answer and may also file a Reconventional Demand (counterclaim) up to $5,000. If the counterclaim exceeds $5,000, the entire case must be transferred out of small claims to a court of competent jurisdiction. If the defendant files nothing and doesn't show up at the hearing, the judge can enter a default judgment that day.
How long does the defendant have to respond?
The defendant in Louisiana has a response deadline that depends on the local court's rules and the date of the hearing on the citation. Many small claims courts skip a separate written answer and let the defendant respond verbally at the hearing. Where a written answer is required, deadlines are typically short, often 10 to 15 days after service. Check the citation: it tells the defendant exactly what to do and by when.
What goes in the answer?
A Louisiana Answer must include the defendant's response to each allegation in the petition (admit, deny, or no contest), any defenses (such as prescription, payment, or fraud), and any counterclaim (called a Reconventional Demand). The answer should be signed and dated. Attach supporting documents if you can. Bring multiple copies to the hearing.
Can the defendant counterclaim?
The defendant can counterclaim in Louisiana by filing a Reconventional Demand. The claim must arise out of the same transaction or, depending on local rules, may include any other claim against the plaintiff. The counterclaim is filed with the answer or at the hearing. If the counterclaim is $5,000 or less, the small claims court can hear it.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Louisiana cap of $5,000, the entire case loses its small claims jurisdiction and must be transferred to a court of competent jurisdiction (the regular civil docket of the city court or the district court). This is one reason plaintiffs with claims near $5,000 sometimes prefer to start in the regular civil docket: a defendant's $7,000 counterclaim will force a transfer anyway.
11. Preparing for and attending the hearing
Louisiana small claims hearings happen anywhere from 10 days to a few months after filing, depending on the court. Justice of the Peace courts often set hearings within 10 to 45 days. Busy city courts may schedule further out. Hearings are informal bench trials with no jury. Bring two copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. Judges usually rule from the bench.
When does your hearing happen?
Your Louisiana small claims hearing happens on the date set by the clerk after service. Justice of the Peace courts often schedule hearings 10 to 45 days from filing. City courts vary widely; some busy dockets schedule months out. The hearing date is printed on the citation served on the defendant. If you need to change it, file a motion for continuance as early as possible.
How to prepare your case
To prepare your Louisiana small claims case, build a short timeline of what happened. Write a 2 to 3 minute spoken summary you can deliver from memory: who, what, when, where, how much. Gather every document that supports your claim. Make two copies of each (one for the judge, one for the defendant). Calculate your damages with a simple itemized list. If you have witnesses, tell them when and where to show up.
What evidence is admissible in Louisiana?
Evidence admissible in Louisiana small claims includes contracts, invoices, receipts, photos, text messages, emails, repair estimates, bank statements, and witness testimony. The rules of evidence are relaxed: hearsay may be admitted if the judge finds it reasonably reliable. Print digital exhibits because many small claims courtrooms have no projector or screen. Authenticate texts and emails by showing the sender's name, the date, and the device or account they came from. Louisiana is a one-party consent state for audio recordings, so a recording you made of a conversation you were part of is usually admissible.
How to subpoena a witness
To subpoena a witness in Louisiana, you request a subpoena from the court clerk. Fill in the witness's name and address and the date, time, and place of the hearing. The clerk issues the subpoena and you arrange for service (sheriff or constable). Witness fees and mileage apply. A subpoena duces tecum compels documents in addition to attendance. Request subpoenas at least two weeks before the hearing to give time for service.
Can you appear by phone or video?
Phone or video appearance in Louisiana small claims is not provided for by any statewide rule. Some courts allow it case by case, especially after 2020. Other courts require all parties to be physically present. Call the clerk before the hearing if you need a remote appearance. Get any approval in writing if you can. Don't assume a remote option exists.
Continuances and what happens if you can't attend
A continuance in Louisiana small claims is granted at the judge's discretion for good cause. File a written motion for continuance as soon as you know you can't make it. State the reason (illness, work conflict, missing witness) and propose new dates. The opposing party may object. If you don't get a continuance and you don't show up, the consequences are harsh: the plaintiff's case is dismissed if the plaintiff is absent; the defendant gets a default judgment against them if absent. If both sides miss the hearing, the case is dismissed.
12. Mediation, interpreters, and ADA accommodations
Louisiana offers informal mediation in some courts, sometimes free, sometimes through pilot programs (such as East St. Tammany's online dispute resolution). It's typically optional and happens at or before the hearing. Interpreters are available for languages including Spanish and Vietnamese, but you must request one from the clerk as early as possible (ideally at least 14 days before the hearing). ADA accommodations are arranged through the clerk's office.
Is mediation available in Louisiana small claims?
Mediation in Louisiana small claims is available in some courts but not statewide. Local pilot programs exist (East St. Tammany has an online dispute resolution program). Many city courts encourage informal settlement discussions on the hearing date, sometimes facilitated by the judge or a volunteer mediator. Mediation is optional. If you reach agreement, you can ask the court to enter a consent judgment so the deal is enforceable.
How to request a court interpreter
To request a court interpreter in Louisiana, you contact the court clerk as early as possible, ideally at least 14 days before the hearing. Specify the language needed. Languages typically available include Spanish and Vietnamese. The clerk arranges the interpreter. If your hearing date is close, call immediately; same-week interpreter requests may not be possible.
How to request an ADA accommodation
To request an ADA accommodation in Louisiana, contact the clerk of the court where your case is filed. Make the request in writing or by phone as early as you can. Common accommodations include wheelchair-accessible courtrooms, sign-language interpreters, and accessible documents. Each court has its own procedure, and there is no central statewide ADA coordinator for small claims.
13. What you can recover (and statutory damages multipliers)
If you win in Louisiana small claims, you can recover the underlying damages, court costs (filing fee, service fee, subpoena and witness fees), and judicial interest. Pre-judgment and post-judgment interest is set annually by statute (La. R.S. 13:4202); the dossier did not supply a specific current rate. Attorney's fees are recoverable only when a statute or contract authorizes them. Certain claims trigger statutory multipliers, including security deposits, bad checks, and timber trespass.
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Security deposit | 2x the deposit or $300, whichever is greater, plus costs and attorney fees | Landlord's willful failure to return after written demand and 30-day wait | La. R.S. 9:3251 |
| Bad check | Double the check amount or statutory penalties | Certified demand sent and unpaid after 30 days | La. R.S. 9:2782 |
| Willful timber trespass | 3 times damages | Willful cutting or removal of timber without right | La. R.S. 3:4278.1 |
| Insurance bad faith | Double damages or statutory percentage, plus attorney fees | Arbitrary or capricious refusal to pay claim | La. R.S. 22:1973 / 22:1892 |
What costs are recoverable in Louisiana?
Costs recoverable in Louisiana include the $35 filing fee, service of process fees (sheriff or constable, private process server), publication costs if used, subpoena fees, witness fees, and other reasonable court costs awarded by the judge. Ask for costs explicitly in your petition. The judge usually awards costs to the winner but may apportion them if both sides partially win.
How does interest work on Louisiana judgments?
Interest on Louisiana judgments runs at the annual judicial interest rate set under La. R.S. 13:4202. The rate is set each year by the state treasurer. Interest is calculated as simple interest on the judgment amount. Pre-judgment interest is generally available on liquidated claims (claims with a fixed dollar amount). Post-judgment interest runs from the date of judgment until paid in full.
When can you recover attorney's fees?
Attorney's fees in Louisiana small claims are recoverable when a statute or contract authorizes them and you actually paid a lawyer. Examples include the open account statute (La. Civ. Code art. 3494, after a proper 30-day demand), the wage payment statute (La. R.S. 23:632), security deposit penalties (La. R.S. 9:3251), and insurance bad-faith statutes. Without a statute or contract clause, each side pays its own lawyer.
Statutory damages multipliers in Louisiana
Louisiana statutes that multiply damages in small claims include the security deposit statute (double the deposit or $300, whichever is greater), the bad check statute (double the check), the timber trespass statute (three times damages for willful cutting), and the insurance bad-faith statutes. All require strict compliance with notice rules. Skip a notice and you lose the multiplier even if you win the underlying case.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Louisiana doesn't appear at the hearing, you can ask for a default judgment that day. Louisiana's procedure is streamlined: the judge can render a final default judgment at the hearing without a separate preliminary default entry. You must prove your claim with competent evidence and file an Affidavit of Non-Military Service to comply with the SCRA. Once entered, the judgment is enforceable.
When can you ask for a default judgment in Louisiana?
You can ask for a default judgment in Louisiana after the defendant has been properly served and fails to appear at the hearing or fails to file a required answer. Proof of service (the signed certified mail green card or sheriff's return) must be in the file. You also need an Affidavit of Non-Military Service to confirm the defendant is not on active duty. If the defendant is military, the SCRA may stay the case.
What you file to get a default
To get a default in Louisiana, you file (or present at the hearing) proof of service, the Affidavit of Non-Military Service, and evidence supporting your claim. You testify briefly about what happened and how you calculated damages. The judge reviews the file and the evidence. If everything checks out, the judge enters judgment for the amount proven plus costs.
Can the defendant vacate a default in Louisiana?
A defendant can vacate a Louisiana default by filing a Motion for New Trial within 7 days of the judgment. After that window, the defendant can file a Petition for Nullity (within 1 year) if they were never properly served. The defendant must show good cause and usually a meritorious defense. If the motion is granted, the case is reopened and reset for hearing.
15. Appealing a small claims judgment in Louisiana
In Louisiana, appeal rights depend on which court heard the case. Justice of the Peace judgments can be appealed de novo (a brand-new trial) to district court within 15 days. City court small claims judgments are generally final with no right of appeal, because the small claims division is not a court of record. The defendant's main option in city court is to transfer the case to the ordinary civil docket before trial.
Who can appeal and when?
Either party in Louisiana JP small claims can appeal within 15 days of the judgment. The appeal goes to district court and is heard de novo, meaning the case starts over. City court small claims judgments, however, are generally final. If you wanted appeal rights in city court, you had to file a motion to transfer the case to the ordinary civil docket before trial.
What kind of appeal is it?
An appeal in Louisiana JP small claims is a trial de novo: a brand-new trial in district court. The district judge isn't reviewing what the JP did; the case starts over with new evidence and new testimony. City court small claims, by contrast, generally has no appeal because the small claims division is not a court of record.
What does an appeal cost?
An appeal in Louisiana costs the district court filing fee (typically a few hundred dollars, varies by parish), service fees on the other side, and any appeal bond the court requires to stay collection. Attorneys are typically more involved at the district court level. Procedural rules are stricter than in JP court.
Does an appeal stop collection?
An appeal stops collection in Louisiana when the appealing party posts an appeal bond (also called a suspensive appeal bond). Without a bond, the appeal is "devolutive" and the winner of the JP judgment can begin collecting even while the appeal is pending. The bond amount is set by the court and usually covers the judgment plus costs and projected interest.
16. Collecting your judgment in Louisiana
Winning is half the battle, and Louisiana doesn't collect for you. After the 15-day JP appeal window (or immediately for final city court judgments), you can record a certified copy of the judgment in parish mortgage records to create a lien on real property, apply for a writ of fieri facias to seize non-exempt assets, garnish wages up to 25% of disposable earnings, garnish bank accounts, and order the debtor to appear for a judgment debtor examination. The judgment is good for 10 years and renewable.
16.1 Wait for the appeal window to close
The appeal window in Louisiana is 15 days from a Justice of the Peace judgment. City court small claims judgments are generally final immediately. Before starting collection (other than recording the judgment to create a lien), make sure the appeal window has passed or that no appeal was filed. Premature collection can be undone if the judgment is vacated on appeal.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Louisiana is obtained by requesting a certified copy of the judgment from the clerk of court. You record that certified copy in the parish mortgage records (called the "conveyance records" or "mortgage records") to create a judicial mortgage (lien) on any real estate the debtor owns in that parish. The lien attaches to property the debtor owns now or buys later in that parish.
16.3 Writ of execution
A writ of fieri facias (commonly called a "writ of fi. fa.") in Louisiana authorizes the sheriff or constable to seize the debtor's non-exempt assets to satisfy the judgment. You file an application with the clerk and pay a small fee. The sheriff levies on cars, equipment, bank accounts, and other property. Self-help repossession is not allowed; only the sheriff or constable can execute on the judgment.
16.4 Wage garnishment
Wage garnishment in Louisiana is allowed up to 25% of the debtor's disposable earnings (or the federal floor of 30 times the federal minimum wage, whichever protects more of the wages). You file a Garnishment Petition with interrogatories on the employer. The employer answers under oath and starts withholding. The garnishment continues until the judgment is paid. Public benefits like Social Security, unemployment, and workers' compensation are protected from garnishment.
16.5 Bank levy or account garnishment
A bank levy in Louisiana works by serving the garnishment petition and interrogatories on the bank as garnishee. The bank freezes funds up to the judgment amount and answers the interrogatories under oath. The debtor can claim exemptions on certain funds, especially Social Security and other federal benefits, which are protected even after deposit. Banks must trace benefit deposits when the debtor claims an exemption.
16.6 Debtor's examination
A debtor's examination in Louisiana is a court hearing where the debtor must appear under oath and answer questions about income, assets, bank accounts, employment, and property. You file a motion or rule for examination and serve the debtor with at least 5 days' notice. You can attach a subpoena duces tecum requiring the debtor to bring bank statements, pay stubs, tax returns, and titles. The examination is the most powerful tool for finding hidden assets.
16.7 Satisfaction of judgment
A satisfaction of judgment in Louisiana is filed when the debt is paid in full. You sign a Satisfaction (or Release) of Judgment and file it with the clerk. If you recorded a judicial mortgage in parish records, also record the satisfaction there to clear the lien. Failing to file a satisfaction after payment can expose you to liability, so don't skip this step.
16.8 Judgment renewal
A Louisiana judgment is valid for 10 years and renewable by filing an action to revive the judgment before the 10-year prescription period ends. The revival lawsuit is straightforward but must be filed in time. Once revived, the judgment is good for another 10 years. If you miss the revival window, the judgment is dead and you cannot collect.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by following Louisiana's Uniform Enforcement of Foreign Judgments Act (UEFJA) at La. R.S. 13:4241 through 4248. File an authenticated copy of the out-of-state judgment with an affidavit in the appropriate Louisiana court. The clerk mails notice to the debtor. After a short waiting period, the judgment is enforced like a Louisiana judgment, with all the same collection tools.
16.10 What's exempt from collection in Louisiana
Louisiana protects the following property from collection:
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | ~$35,000 equity (representative) | La. R.S. 20:1 | Protects primary residence equity up to statutory limits; mortgages and tax liens take priority |
| Motor vehicle | $7,500 equity | La. R.S. 13:3881 | One vehicle used for personal or family transportation |
| Tools of trade | $7,500 aggregate | La. R.S. 13:3881 | Implements, tools, books, instruments necessary to earn a living |
| Household goods and personal effects | No fixed cap on essentials | La. R.S. 13:3881 | Furniture, clothing, bedding, and necessary items |
| Retirement accounts | Generally fully exempt | La. R.S. 20:33 | Qualified plans, IRAs, pensions |
| Public benefits | Fully exempt | 42 U.S.C. § 407 and state law | Social Security, unemployment, workers' comp, VA benefits |
| Life insurance proceeds | Exempt to spouse, children, or named beneficiaries | La. R.S. 22:912 | Cash surrender value protected in many contexts |
| Wages | 75% of disposable earnings | La. R.S. 13:3881 | Garnishment capped at 25% |
| Child support received | Fully exempt | La. R.S. 13:3881 | Cannot be garnished |
If the debtor files bankruptcy, the automatic stay halts all collection. You cannot garnish, levy, or sell anything while the bankruptcy is pending. Some judgments can be discharged entirely in bankruptcy. If you receive notice of a bankruptcy filing, stop all collection efforts immediately.
17. State-specific quirks and pitfalls in Louisiana
Louisiana has several rules that surprise filers. Small claims courts are not courts of record, so city court small claims judgments are generally final with no appeal. Justice of the Peace courts have ward-level jurisdiction, so filing in the wrong ward can dismiss your case. A counterclaim over $5,000 forces the whole case out of small claims. The most consequential quirk is the lack of appeal from city court small claims, which makes the hearing your only shot.
City court small claims judgments are usually final. Unlike most states, Louisiana city court small claims is not a court of record, and judgments are not appealable as of right. Plan accordingly: prepare your evidence as if it's a one-shot trial. By contrast, Justice of the Peace judgments can be appealed de novo to district court within 15 days.
The defendant can transfer the case out as of right. A defendant can move to transfer the case from the Small Claims Division to the city court's ordinary civil docket within the time to answer. If the defendant does this, the relaxed small claims rules go away and full civil procedure applies, including formal discovery. Plan for this if you're suing a represented business.
A counterclaim over $5,000 transfers the entire case. Under La. R.S. 13:5202, if the defendant's reconventional demand exceeds $5,000, the small claims court loses jurisdiction over the whole case, not just the counterclaim. The matter must be transferred to a court of competent jurisdiction.
Certified mail service is included in the filing fee. The $35 filing fee includes the clerk sending the citation by certified mail. Refused or unclaimed mail is often treated as valid domiciliary service. This is cheaper and faster than sheriff service.
Justice of the Peace jurisdiction is ward-specific. JP courts have narrow geographic jurisdiction within a parish. Filing in the wrong ward, even within the right parish, can lead to dismissal. Check the JP's ward boundaries before filing.
Default procedure is streamlined. Louisiana small claims allows a final default judgment at the scheduled hearing without a separate preliminary default entry. If the defendant doesn't show up, you can leave with a judgment that day.
Some statutory remedies require strict pre-suit demand. Bad checks (30-day certified demand), open account attorney fees (30-day itemized demand), and security deposit penalties (30-day written demand) all require strict notice compliance. Miss the notice and you lose the enhanced remedy.
Suits against the State are off-limits. You cannot sue the State of Louisiana or its agencies in small claims under La. R.S. 13:5210. Suits against cities and parishes may have their own short notice-of-claim deadlines (often 60 to 180 days) under local charters.
Local rules can cap mass filers. Under La. R.S. 13:5202(D), local courts can impose limits on high-volume filers to stop debt-collection mills. Practices vary by court.
E-filing and remote hearings are not standardized. Some Louisiana courts offer e-filing or phone hearings; many do not. Always call the clerk to confirm before relying on remote options.
18. Sources and citations
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La. R.S. 13:5202 et seq. (Small Claims Division statutes). legis.la.gov. https://www.legis.la.gov/legis/Law.aspx?d=77961. Cited for: $5,000 jurisdictional cap, creation and scope of the Small Claims Division, joinder limits, and class action prohibition.
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La. R.S. 13:5204 (Service, citation, default procedures). law.justia.com. https://law.justia.com/codes/louisiana/revised-statutes/title-13/rs-13-5204/. Cited for: citation and summons rules, service by certified mail, SCRA affidavit requirement.
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La. R.S. 13:5205 (Filing fee for small claims). law.justia.com. https://law.justia.com/codes/louisiana/revised-statutes/title-13/rs-13-5205/. Cited for: $35 statutory filing fee per defendant.
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LSBA: Court Structure in Louisiana. lsba.org. https://www.lsba.org/Public/CourtStructure.aspx. Cited for: description of city courts and Justice of the Peace role.
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FindLaw: Louisiana Small Claims Courts Explained. findlaw.com. https://www.findlaw.com/state/louisiana-law/louisiana-small-claims-courts.html. Cited for: overview of claim types, practical examples, and procedural notes.
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Law Library of Louisiana: Tenant/landlord and security deposit guidance. lasc.libguides.com. https://lasc.libguides.com/c.php?g=942795&p=6796065. Cited for: security deposit 30-day demand rule and statutory penalty.
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La. Civ. Code art. 3492 (One-year liberative prescription for delictual actions). law.justia.com. https://law.justia.com/codes/louisiana/2012/cc/cc3492/. Cited for: personal injury, property damage, defamation, conversion 1-year prescription.
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La. Civ. Code art. 3494 (Three-year prescription for certain obligations). law.justia.com. https://law.justia.com/codes/louisiana/2021/civil-code/article-3494/. Cited for: open account, wage prescription periods, and attorney-fee demand rule.
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La. R.S. 10:3-118 and 10:2-725 (UCC negotiable instruments and warranty). legis.la.gov. https://www.legis.la.gov/legis/Law.aspx?d=74142. Cited for: promissory note 5-year prescription, UCC warranty 4-year period.
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Baton Rouge City Court: Small Claims and Evictions guidance. brla.gov. https://www.brla.gov/FAQ.aspx?QID=112. Cited for: eviction procedures and local practice.
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Louisiana Justice of the Peace Court procedural summary. tpjpc.org. https://tpjpc.org/pages/civil. Cited for: JP jurisdictional notes, trial-setting timelines, de novo appeal to district court.
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Loyola Pro Bono Desk Manual: Wage Payment Claims. probonodeskmanual.loyno.edu. https://probonodeskmanual.loyno.edu/employment-law/1013-lawsuits. Cited for: final wage demand and statutory penalty wages.
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Louisiana case law on contra non valentem and LUTPA. caselaw.findlaw.com. https://caselaw.findlaw.com/court/la-court-of-appeal/1612961.html. Cited for: discovery rule and LUTPA prescription notes.
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La. R.S. 13:4243 (Uniform Enforcement of Foreign Judgments Act). law.justia.com. https://law.justia.com/codes/louisiana/revised-statutes/title-13/rs-13-4243/. Cited for: domestication of out-of-state judgments.
19. Frequently asked questions
What is the maximum amount you can sue for in Louisiana small claims court?
The maximum amount you can sue for in Louisiana small claims court is $5,000, set by La. R.S. 13:5202. This cap applies to both the Small Claims Division of city courts and to Justice of the Peace courts. If your claim is larger, you can sue for exactly $5,000 and waive the rest, or file in a higher court instead.
How much does it cost to file a small claims case in Louisiana?
It costs $35 per defendant to file a small claims case in Louisiana under La. R.S. 13:5205. The fee usually includes the clerk sending the citation by certified mail. Sheriff service adds about $30, and a private process server runs around $50. Fee waivers are available if you can't afford the cost.
How long do I have to sue in Louisiana small claims?
How long you have to sue in Louisiana depends on the claim. You have 10 years on a written or oral contract, 3 years on an open account, 5 years on a promissory note, 4 years on a UCC warranty claim, and 1 year on most tort claims (property damage, personal injury, defamation, conversion). Louisiana calls these periods "liberative prescription." Miss the deadline and the case is dismissed.
Do I need a lawyer for Louisiana small claims court?
No, you don't need a lawyer for Louisiana small claims court. The court is designed for self-represented parties. Attorneys are allowed but not required. Most filers handle their own cases. If your claim is complex or close to the $5,000 cap, a consultation with a lawyer before filing can be worth the cost.
Can a business sue or be sued in Louisiana small claims?
Yes, a business can sue or be sued in Louisiana small claims as long as the claim is $5,000 or less. The business must be named in its exact registered legal name. Look up the legal name at the Louisiana Secretary of State business search. A non-attorney can usually represent a business in small claims, but check the local court's rule.
How do I serve the defendant in Louisiana?
To serve the defendant in Louisiana small claims, the clerk normally sends the citation by certified mail as part of the $35 filing fee. If mail fails, you can request sheriff or constable service (about $30), a court-appointed private process server (about $50), court-ordered alternate service, or publication as a last resort. Proof of service must be in the file before the case can proceed.
How long does it take to get a hearing in Louisiana small claims?
How long it takes to get a hearing in Louisiana small claims varies by court. Justice of the Peace courts often set hearings within 10 to 45 days after filing. Busy city courts may schedule months out. The clerk sets the date and prints it on the citation.
What happens at a Louisiana small claims hearing?
At a Louisiana small claims hearing, you present your case to a judge in an informal setting. There is no jury. You give a short summary, show your documents, call any witnesses, and answer the judge's questions. The defendant does the same. The judge usually rules from the bench. Rules of evidence are relaxed.
What if the defendant doesn't show up in Louisiana?
If the defendant doesn't show up in Louisiana, the judge can enter a default judgment that day. You must show proof of service, file an Affidavit of Non-Military Service, and prove your claim with evidence. Louisiana's procedure is streamlined: no separate preliminary default entry is needed.
What if I miss my Louisiana small claims hearing?
If you miss your Louisiana small claims hearing as plaintiff, your case will be dismissed (usually without prejudice, so you can refile). If you miss as defendant, the judge will likely enter a default judgment against you. To avoid this, file a written motion for continuance as early as possible, with good cause.
Can I appeal a Louisiana small claims judgment?
You can appeal a Louisiana JP small claims judgment to district court within 15 days, and the appeal is de novo (a brand-new trial). City court small claims judgments are generally final and not appealable as of right, because the small claims division is not a court of record. The defendant's only pre-trial option in city court is to transfer the case to the ordinary civil docket.
How do I collect a Louisiana small claims judgment?
To collect a Louisiana small claims judgment, you can record a certified copy in parish mortgage records to create a lien on real property, apply for a writ of fieri facias to seize non-exempt assets, garnish wages up to 25% of disposable earnings, garnish bank accounts, and order a debtor's examination. The judgment is good for 10 years and can be revived for another 10.
Can I garnish wages in Louisiana?
Yes, you can garnish wages in Louisiana up to 25% of the debtor's disposable earnings (or the federal protected floor, whichever protects more). File a Garnishment Petition with interrogatories on the employer. The employer answers under oath and withholds until the judgment is paid. Public benefits like Social Security and unemployment cannot be garnished.
How long is a Louisiana small claims judgment valid?
A Louisiana small claims judgment is valid for 10 years. Before the 10 years runs out, you can file an action to revive the judgment for another 10 years. If you miss the revival deadline, the judgment is lost and cannot be collected.
Can I sue a city or government agency in Louisiana small claims?
You cannot sue the State of Louisiana or its agencies in small claims under La. R.S. 13:5210. You may be able to sue a city or parish, but local charters often impose short notice-of-claim deadlines (commonly 60 to 180 days). Check the specific municipality's charter before filing.
Do I have to send a demand letter before filing in Louisiana?
You have to send a demand letter before filing in Louisiana for certain claim types to get enhanced remedies: bad checks (30-day certified demand), open account attorney fees (30-day itemized demand), and security deposit penalties (30-day written demand). For most other claims, a demand letter is recommended but not required. Judges expect to see one regardless.
Can I file Louisiana small claims online?
You can file Louisiana small claims online in some courts but not all. Some courts use Odyssey eFileLA or a local portal. Many courts still require in-person, mail, or fax filing. Call the clerk first to confirm what's available.
Does Louisiana small claims have a jury?
No, Louisiana small claims does not have a jury. All cases are heard by a judge in an informal bench trial. If you want a jury, you have to file in the regular civil docket of a court that allows jury trials.
What's the Louisiana security deposit penalty?
The Louisiana security deposit penalty under La. R.S. 9:3251 is double the deposit amount or $300, whichever is greater, plus costs and attorney fees. To get the penalty, the tenant must give the landlord a forwarding address and a written demand. The landlord then has 30 days to return the deposit. Willful failure to return triggers the penalty.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine small claims cases: an unpaid invoice, a security deposit return, minor property damage, a small consumer dispute. The procedure is built for people without lawyers, and judges are used to self-represented parties.
Call a lawyer if your claim is close to the $5,000 cap (a counterclaim could force the case out of small claims), if the statute of limitations is ambiguous, if the defendant is a government entity with notice-of-claim rules, if you have an ongoing relationship with the defendant (employer, business partner, landlord), or if collection will be difficult. A short consultation is often inexpensive and can save you from filing in the wrong place or losing a remedy by missing a demand.
For low-cost legal help in Louisiana, contact the Louisiana State Bar Association lawyer referral service, your local legal aid office, or a law school clinic at Loyola, Tulane, or LSU.
This page is general legal information for Louisiana residents and businesses. It is not legal advice and does not create an attorney-client relationship. Statutes, fees, and local court rules change. Confirm specifics with your local clerk of court before you file.
This guide is general information about Louisiana small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Louisiana for advice about your specific situation.