Louisiana Small Claims Court

How it works in Louisiana

1. Check that your claim is $5,000 or less and isn't for an injunction, a class action or a summary or executory proceeding.
2. File with the small claims division of the city court. The clerk can answer procedure questions and prepare the citation, but can't give legal advice.
3. Pay $35 for each defendant, or ask to proceed as an indigent party.
4. The defendant is served by certified mail, or by marshal, constable or sheriff if needed. The defendant has 10 days after receiving the notice to ask to transfer the case to the regular civil court.
5. Go to the informal hearing with your evidence. The judge helps develop the facts, and the rules of evidence are relaxed.
6. A judgment becomes final three days after it's signed or notice is mailed, unless someone files for a new trial or the judge stays it.

What it costs

$35 per defendant in a city court small claims division, plus any cost under R.S. 13:10.3. Fees can be waived for indigent parties.

How long you have to sue

La. Civ. Code arts. 3499, 3493.1. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Neither side can appeal a city court small claims judgment, unless the defendant moves the case to the regular civil docket within the time to answer. A justice of the peace judgment can go to a new trial in district or parish court within 15 days.

Official links

• Louisiana small claims self-help
• Court forms