Louisiana Small Claims Court Process

Louisiana Small Claims Court Process

Last Updated: February 4, 2023 by Ashley Porter

Quick Facts Answer
Small Claim Maximum $5,000
Deadline to File 1, 3 or 10 Years
Filing Fees Vary by court
Appeal Deadline City Court: No Appeals

Justice of the Peace Court: 15 Days

Small Claims Court Basics in Louisiana

Small Claims Court is an informal court designed for minor cases limited to a maximum claim amount. The trial does not involve a jury. Instead, the plaintiff and defendant present their case to a judge, who makes a decision.

In Louisiana, there are two types of courts that handle small claims: City Court and Justice of the Peace Court (in rural areas). The small claims process varies by court, but the clerk of your local court can explain their local procedures.

Common suits filed by landlords include:

  • Recovery of unpaid rent
  • Damages that exceed the amount of the security deposit
  • Failure to uphold the responsibilities of the rental agreement
  • Early termination of a lease

Common suits filed by tenants include:

  • Failure to return the security deposit correctly
  • Failure to uphold the responsibilities of the rental agreement
  • Overcharging for damages

How Long Does the Small Claims Court Process Take in Louisiana?

A typical small claims case in Louisiana takes two to three months, from the date of filing, but can be longer if there are problems serving the defendant, the trial is continued, or other delays occur.

How Much Can You Sue For in Small Claims Court in Louisiana?

In Louisiana, the maximum amount that can be recovered through Small Claims Court is $5,000, excluding penalties, court costs, and attorneys’ fees.

note

Some Small Claims Courts in Louisiana do not allow plaintiffs to claim statutory penalties (like double damages). If the tenant believes the landlord willfully failed to return the security deposit and wants to claim the extra penalty, the claim must be filed as a civil case, rather than a small claim.

To attempt to recover a higher amount, the suit must be filed as a civil case in City Court or Parish Court.

How Long Do You Have to File a Small Claims Case in Louisiana?

The time limit for filing a small claims case in Louisiana depends on the type of case filed:

  • 1 Year: Property damage, security deposit claims, discrimination
  • 3 Years: Collection of rent
  • 10 Years: Breach of a lease agreement

Are Lawyers Needed or Allowed in Small Claims Court in Louisiana?

Small Claims Court is designed to be simple and not require an attorney. However, either party can be represented by an attorney if they so choose.

Where are Small Claims Cases Filed in Louisiana?

In Louisiana, small claims are filed in the parish where the defendant lives or does business. Claims regarding a security deposit can also be filed in the parish where the rental property is located.

To determine the correct court, use the clerks of court directory to contact your parish’s court clerk. They can help you determine if your area is served by a City Court or Justice of the Peace Court.

How to File a Small Claims Case in Louisiana

Step 1: Contact your local court clerk to obtain their forms for filing a small claims case. The forms required to file a small claims case vary by court. Typically, courts use a form called a ‘Statement of Claim’ or a ‘Complaint’ to start a small claim and there may be additional forms that need to be filed.

Step 2: File the forms with the court clerk according to their filing procedures. Check with the court clerk to determine how many copies are required. The filing procedures vary by court. Most courts allow filing in person, but your local court may allow or require electronic filing.

Step 3: Pay the filing fee.

How Much Does it Cost to File a Case in Small Claims Court in Louisiana?

In Louisiana, the filing fee for a small claims case varies by court. Contact your court clerk to determine the filing fee in your area.

For example, the fee to file a small claim in Baton Rouge City Court is $82.50, and the fee to file in New Orleans City Court is $116.50.

There are also fees for additional defendants and service on the defendant(s).

What if You Can’t Afford to File a Case?

You can still file a case if you cannot afford the fees by filing an In Forma Pauperis Affidavit.

Small Claims Court Process in Louisiana

After filing a small claims case in Louisiana, the court clerk will issue a Citation, which is served on the defendant.

Step 1: Serve the defendant.  After you have filed the small claim, you will need to serve the defendant. The methods of service vary by court. Defendants are typically served by certified mail, sheriff, constable, or process server. Some court clerks handle service on the defendant with a fee.

Check with the court clerk to determine what methods of service are permitted.

note

Local courts in Louisiana have their own rules and procedures. These are the general steps in the small claims timeline in Louisiana, but your local court may have additional requirements, like pre-trial mediation or filing of a default judgment request. Check with your court clerk to understand the process specific to that court.

Step 2: Defendant’s Answer. Once the defendant has received the Citation, they must file an Answer by the court’s deadline.

Once the defendant files their response, the court will schedule a trial. If the defendant fails to respond, the judge may issue a default judgment.

Step 3: Gather evidence and witnesses. Gather all physical evidence you may have to support your case and ensure that any witnesses are available to attend the trial. For example, you may ask the apartment manager to serve as a witness to how clean you left the apartment after moving out.

You may need to subpoena a witness if you are unable to get them to attend voluntarily by filing and serving the defendant a subpoena. Check with your court clerk to obtain their subpoena form.

Step 4: Attend the trial. On the trial date, you should bring copies of any evidence you have to support your claim. The judge will give you and the defendant an opportunity to provide your arguments before they decide to dismiss the case or issue a judgment.

If the defendant does not attend the trial, the judge will issue you a default judgment, but you may be required to explain the amounts claimed.

Winning a Small Claims Judgment in Louisiana

If you win the judgment in Louisiana, you may be paid the judgment within the allotted time period, or you may need to pursue additional actions to recover the debt.

In Louisiana, decisions made in the small claims division of City Court cannot be appealed by either party. If the judgment was issued in a Justice of the Peace Court, either party may appeal the decision within 15 days.

When you win a small claims case, the judge will determine a schedule for repayment and may establish an installment plan. In the best case, the debtor pays the judgment according to the payment deadline.

If the debtor is delinquent on their payment or refuses to pay, you can recover the debt by recording the judgment in the mortgage records of a parish or by requesting wage or bank garnishment in your local court.

You have 10 years to collect a judgment before it expires. A judgment collects interest at a rate based on the discount rate published annually in the Wall Street Journal, which is 6.5% for 2023.

Sources

Small Claims Court in Other States