Louisiana Small Claims Court Procedure

Filing a claim in a Louisiana small claims court can be a straightforward and inexpensive way to settle a dispute. Although the procedures are more relaxed than in traditional courts, you still must follow the rules to prevail.

Below are answers to some common questions about the Louisiana small claims process. You'll learn about preparing and presenting your case, collecting a money judgment, and more. You'll also find links to additional small claims articles and resources.

How Does Louisiana Small Claims Court Work?

A small claims case starts by filing a claim and serving a copy of the claim on the "defendant," the person or company you're suing. To prevail at the trial, you must present evidence supporting your case. The defendant will have the opportunity to present a defense. A defendant who believes you are at fault can also file a claim against you.

After hearing each side's argument and evaluating the evidence, the judge will issue a money judgment to the person proving they're entitled to an award. Receiving a money judgment is very powerful because it allows a creditor to collect using property liens, wage garnishments, bank account levies, and property seizures.

Which Louisiana Small Claims Court Should I File My Small Claims Action in?

In Louisiana, City Courts and Justice of the Peace Courts typically handle small claims cases. (Parish Courts might hear small claims cases in some localities; check with the clerk of your local court to make sure you're filing in the correct location.)

The state has many City and Justice of the Peace Courts with small claims divisions, but you can't always pick the most convenient location. You must choose the proper court (or "venue"). Otherwise, the defendant can ask the court to transfer or dismiss your action.

Generally, you'll file your claim where the defendant lives or does business. You might have other options, such as filing where the incident that gave rise to the claim occurred. Most courts post venue rules on the court website.

What Is the Small Claims Court Dollar Limit in Louisiana?

You can generally sue for up to $5,000 in a small claims action in Louisiana. Plaintiffs with claims exceeding the limit can use small claims court if they're willing to accept the $5,000 maximum. Otherwise, they must file in a higher court.

Can a Landlord Bring an Eviction Lawsuit in a Louisiana Small Claims Court?

Evictions are heard in Louisiana's City, Parish, and Justice of the Peace Courts. The rules will depend on the particular court you file in. For instance, the usual $5,000 dollar limit doesn't apply to evictions filed in Justice of the Peace Courts—these courts can handle evictions no matter the amount of money at stake. But there are dollar limits on eviction suits in City or Parish courts, so check the rules for your local court.

The small claims division of these courts is also an excellent forum for other types of cases typically brought in small claims courts, such as property damage cases and breach of contract disputes.

How Much Time Do I Have to File a Case in Small Claims Court in Louisiana?

You don't have an unlimited amount of time to file a lawsuit. You'll have to bring it within the statute of limitations period for the case type. But pinning down how much time you have to file isn't always as simple as reading the statute of limitations.

The time can stop and restart depending on various circumstances, and figuring out when it expires can be challenging. The process is known as "tolling" the statute of limitations, and it happens when a plaintiff or defendant is unavailable for a lawsuit. For instance, a personal injury statute of limitations typically won't begin running on a minor's injury until the child reaches 18 years of age and can sue without the help of a guardian. Learn more about calculating the statute of limitations and whether it's too late to sue.

Can an Attorney Represent a Small Claims Claimant in Louisiana Small Claims Court?

In Louisiana, lawyers can appear on behalf of the parties in small claims court. However, you aren't required to hire a lawyer. Small claims court is more relaxed and easier to navigate than higher courts, and most people are comfortable pursuing claims "in pro per" or without counsel.

Learn what happens if you get sued in small claims court.

Will I Have a Judge or Jury Trial in Small Claims Court in Louisiana?

A judge will hear your claim; jury trials aren't allowed in Louisiana small claims court. Find out what to expect at the small claims trial.

How Do I Prepare and Present a Louisiana Small Claims Court Case?

You'll want to explain what happened and present evidence supporting your version of the events and the amount of money lost.

What Do I Need to Prove in My Small Claims Case?

It will depend on the type of case. In most instances, you'll need to prove that the person you're suing harmed you and the amount of money it will take to right the situation. Research the "elements" of your case type to determine exactly what you must prove.

One of the most important things people forget to do is prove how much they're out of pocket. For instance, you'll likely provide medical bills if you were injured and repair estimates if you suffered property damage. Make sure you can prove how much it will take to fix the problem.

What Types of Evidence Should I Present in Small Claims Court?

One of the benefits of small claims court is that the rules of evidence are relaxed. The judge can accept any evidence, including hearsay, as long as the judge finds it reliable. Even though the judge won't require you to follow the exacting rules of evidence litigants are held to in higher courts, you'll still need to prove your case by submitting solid evidence.

For instance, if you're suing someone who didn't comply with a written contract, you'll need copies of the contract and any correspondence exchanged about it. You might also want to present photos of shoddy work or damaged property.

If someone witnessed an event, bring them in. You might also need expert testimony to establish the defendant caused the problem if it isn't something that can be inferred. For instance, only a medical professional can testify about the cause of an illness or injury, and you'd need a mechanic to verify most automotive repairs. Check with the court to see if you can provide a statement made under oath if the person is unavailable or charges too much for in-person testimony.

Learn about gathering evidence in support of your small claims case.

How Should I Organize My Small Claims Presentation?

After providing the judge with a short case description, you'll likely present the facts chronologically. If you're afraid you'll forget something or are worried you'll ramble on, write out your presentation and read it when it's your turn. However, you'll likely make a better impression if you speak naturally, using a bullet point list for reference when needed. Either way, practicing beforehand is the key to a polished presentation.

Also, it's best to cover each point concisely yet fully, with as little emotion as possible. You'll also want to avoid jumping in if the other side says something incorrect. Instead, make a note and address it when it is your turn to speak.

What to Expect After Your Small Claims Trial

The court might announce the winner immediately after the trial, but it's more likely that you'll find out who prevailed by mail.

Can I Appeal a Louisiana Small Claims Court Case?

Whether you're allowed to appeal a small claims court judgment depends on which court heard the claim:

Justice of the Peace Court. Either party may appeal a Justice of the Peace Court judgment to a district or parish court. The appeal will be for a new trial (a "trial de novo"), and it must be filed within 15 days from the date of the judgment or from the service of notice of judgment (if there is one).

City Court. By filing and proceeding in City Court, the plaintiff waives the right to an appeal. A defendant who wants to retain appeal rights can request a transfer to regular court within ten days of receiving notice of the complaint.

In either case, be sure to locate the proper date. You must comply with all filing deadlines and other rules or you'll lose your appeal rights. If you're confused about the process, talk with a local attorney.

Will the Court Collect My Judgment for Me?

The Louisiana small claims judge can order the losing side to pay the judgment in installment payments to the court. Otherwise, you'll be responsible for all collection efforts. Before pursuing a small claims court case, you'll want to evaluate whether the defendant has assets you can seize after winning the case. A debtor with nothing you can take is called "judgment proof," and pursuing an action won't make sense unless the debtor acquires property and income in the future.

Learn more about determining whether you can collect before suing in small claims court.

Can State Exemption Laws Stop Me From Seizing the Defendant's Property?

Every state allows debtors to protect essential property from creditors, such as household goods, a percentage of income, and some equity in a car and home, although the specific property protected varies greatly. You'll find these protections in your state's exemption statutes. In most states, the same exemptions protect assets from creditors in and outside bankruptcy.

Learn more about why you shouldn't sue unless you can collect the judgment.

Learn More About Louisiana Small Claims Court

Most courts include filing instructions on the court website or provide self-help services. You'll find links to Louisiana's small claims laws on the LEAP website. The City of Baton Rouge website also provides helpful small claims information.

For detailed help with case filing, court strategy, and collecting a money judgment, see Everybody's Guide to Small Claims Court by Attorney Cara O'Neill (Nolo). And Nolo's small claims homepage is an excellent place to learn the basics.

You might find that even after you read through all of these resources you'd still like some help. An experienced local lawyer can answer your questions and walk you through your options.