What Is a Small Claims Court in Louisiana?
A small claims court in Louisiana hears minor civil law cases that involve private litigants and money settlements of not more than $5,000. The court was established by Louisiana Revised Statutes 13:5200-5212. In Louisiana, the 390 justice of the peace courts have small claims divisions that attend to small claims cases. The court handles the following cases:
- Monetary disputes
- Defective products
- Deposit disputes
- Failure to receive wages
- Repossession of personal properties
- Evictions
In addition, a small claims court in Louisiana can also handle claims related to motor vehicles.
Persons who can file small claims cases in Louisiana include married couples, business partnerships, corporations, minors, prisoners, bill collectors, sole proprietors, partnerships, or incorporated associations (like a club). These parties may also be sued in the small claims court.
Corporations may select an officer or employee to file a lawsuit on its behalf under three conditions:
- The amount in dispute is not above $5,000.
- The case involves an open account or a promissory note.
- The organization had appointed the officer to file the suit.
Otherwise, the corporation may need to hire an attorney to represent them in court.
In the small claims court, the person filing the lawsuit is the "plaintiff," while the person being sued is the "defendant." Louisiana law permits plaintiffs to file up to six (6) small claims suits annually.
How Does the Louisiana Small Claims Court Work?
The Louisiana small claims court is a unit of the justice of the peace court. The court is known for its speed, simplicity, and inexpensiveness. Using Louisiana small claims court is one of the rights of citizens, as anyone can file a case at the court with or without the help of an attorney.
Jury trials are not allowed in the Louisiana small claims court, and judgments are based on competent evidence presented in court. Once a judgment has been entered, it is final and cannot be reviewed, as no small claims party has the right to appeal. Although the judges and court clerk can help in explaining the court's procedure, these people cannot give legal advice. Anyone who seeks legal advice should contact an attorney.
Louisiana allows persons aged 18 or older to sue in small claims court. Younger individuals can also sue but must do so through a guardian or parent.
The court fees for small claims are as follows:
- A new small claims suit - $75 filing fee per defendant and $35 fee for each additional defendant.
- Answer and reconventional demand - $75 per defendant and an extra $35 for each defendant added.
- Transfer to regular court - $50
- Supplemental and amending petition - $20 per service
- Reissue of the statement of claim and citation - $20 per defendant
- Small claims subpoena - $20 per witness and $40 deposit for each law enforcement officer
- Reissue of judgment - $20 per defendant
How to Take Someone to Small Claims Court in Louisiana
Before filing a small claims lawsuit, individuals must have their facts right, such as details of the incident. Other necessary information includes the defendant's legal name, address, and place of employment. If the defendant is a corporation/LLC, the plaintiff must use the legal corporate or LCC name.
The first step in taking someone to a small claims court in Louisiana is to file the case in the court located where the defendant being sued resides or does business. It is essential to contact the court in the area to make necessary inquiries before filing the case. This is because small claims courts do not refund filing fees.
Although the rules are relaxed in the small claims courts, evidence is vital in the court. This evidence will help to substantiate the case and convince the judge. Some of the admissible evidence in court include:
- Eyewitnesses. If witnesses cannot make it to the court, some small claims courts accept letters. It is crucial to confirm with the court clerk if eyewitness letters are an acceptable form of evidence.
- Letters from experts. e.g., car mechanics, plumbers, etc.
- Canceled checks, written contracts, receipts, bills, and other supporting documents
At the point of filing, the plaintiff is required to pay a filing fee. Notably, the filing fee for small claims is different for each city in Louisiana, as each small claims court follows its local rules. For example, the small claims division in New Orleans requires a filing fee of $14 per defendant, with an additional $20 to be paid to the constable for service. On the other hand, the small claims court in Shreveport demands a $120 filing fee with an additional $50 for each defendant. The forms required in filing a small claims lawsuit in Shreveport are as follows:
After filing, the court will prepare a "citation," which will be served upon the defendant with a copy of the plaintiff's petition. After that, the defendant must send a written answer to the petition within ten days, including weekends and public holidays.
Plaintiffs must ensure that a citation and a copy of the filed petition are served to defendants. According to law, these documents can be sent by certified mail. Also, there is a specific notice by the Louisiana State Legislative that must be attached to each citation. The court clerk will serve the defendant with a copy of the complaint if the party is within the city limits. Otherwise, the clerk's office will send the defendant's copy via certified mail and request a return receipt.
After the defendant receives the summons, the court sets a pre-trial date. The pre-trial is a mock trial that helps the court get familiar with the case and determine if the issue is worthy of being presented before the judge. At the pre-trial, the parties involved should be present to tender their claim before a mediator. Also, none of the parties are permitted to present their evidence or witnesses at the mock trial. If the mediator cannot find a meeting point to solve the case, it will proceed to trial. However, if a settlement is reached before the day of trial, the plaintiff must notify the court immediately.
How Much Can You Sue For in Louisiana Small Claims Court?
The maximum amount anyone can sue for in Louisiana small claims court is $5,000. Any claim above this amount must be filed in another court with the jurisdiction to handle such cases. However, a plaintiff who wins a small claims case may claim a judicial interest in addition to the damages demanded in the case. Judicial interest is calculated from the date the case was filed until the judgment was pronounced.
How to Defend Yourself in Louisiana Small Claims Court
Although it is advised that defendants should not panic when served a notice for a small claims court trial, they must understand the circumstances surrounding the case. Defendants are expected to peruse the paperwork to be well-informed about the lawsuit. The paperwork would reveal who the plaintiff is and why there is a lawsuit. Anyone who has challenges understanding the case should contact an attorney.
Small claims defendants usually have two options when served: they can fight the claim or contact the plaintiff to negotiate a settlement. A defendant who chooses to contest a small claims lawsuit can file a counterclaim and pay the court's filing fee to make allegations against the plaintiff. The initial suit and counterclaim will be resolved at the same court hearing.
Before the trial, the defendant is advised to prepare relevant evidence and facts to help win the case. Possible defenses in small claims court include improper venue, error or mistake, illegality on the plaintiff's part, contributory negligence, bankruptcy, excessive damage claims, and so on.
In court, defendants should be confident when answering questions and presenting their evidence. Stuttering while speaking may give the impression that the defendant is not honest, and, of course, lying under oath is a punishable offense.
All small claims lawsuits must follow certain procedures. If the plaintiff fails to follow them all, the defendant should contact the court clerk to complain.
How Long Do You Have to Take Someone to Small Claims Court in Louisiana?
There are statute of limitation laws in Louisiana that set the maximum amount of time a person has to file a lawsuit in the small claims court. These statutes vary according to the kind of claim:
- Accident cases - 1 year
- Written contract default - 10 years
- Oral contract default- 10 years
- Injury cases - 1 year
- Property damage cases - 1 year
Nevertheless, it is possible to extend the time limit to file small claims in Louisiana through a process called "tolling." Tolling is helpful when the plaintiff does not become aware of the damages or accident until a later date. In this case, the statutory clock may begin on the date of awareness.
What Happens If You Don't Show Up for Small Claims Court in Louisiana?
A plaintiff who does not show up on the day of trial at a small claims court in Louisiana will have his or her case dismissed. Meanwhile, a defendant that does not appear for a small claims court trial may lose without a hearing. This means that a judge may give a judgment without hearing the defendant's side of the story.
Nevertheless, a defendant may file a motion to vacate the court's judgment. This motion implores the court to erase the judgment entered in the defendant's absence. The judge may accept or reject the motion depending on the defendant's reason for missing the trial.
The motion to vacate the judgment is usually filed with the court clerk. If the motion is denied, the defendant will have to pay the judgment initially entered by the judge.
What are Small Claims Court Records in Louisiana?
Small claims court records contain detailed information about the case, including the names of the parties involved, the amount of money that caused the dispute, and the judgment.
Where Can I Find Louisiana Small Claims Court Records?
All Louisiana court records, including Louisiana small claims court records, are accessible to members of the public. The Louisiana Public Records Act allows the public to have free access to all public records as a fundamental right. Therefore, except in certain conditions, all Louisiana residents can inspect and copy small claims court records.
Interested persons can find Louisiana small claims records at the court clerk's office. This record request can be made in person or via mail. Also, some courts may provide public records databases to access these records online. Apart from visiting the court clerk's office to look up records or using a court-owned online site, individuals may also access court records through a third-party website that compiles public records and offers easy access to them.
