Small claims forms · Louisiana

Louisiana small claims court forms

Vera can't fill Louisiana's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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If you were sued: your answer is due 10 days after you were served. Source: La. Code Civ. Proc. art. 4903 and the uniform citation ("including holidays").

To sue (you're the plaintiff)

Each city court may set up small claims divisions by court rule. A small claims division hears cases "where the amount in dispute does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties"; class actions, summary proceedings, and executory proceedings are not allowed. A plaintiff who files there waives the right to appeal unless the case is removed or transferred (R.S. 13:5201(A), 13:5202(A), (B), 13:5209(A)).
The Louisiana Supreme Court's Uniform Forms Committee publishes a Statement of Claim and Citation, a Notice of Small Claims Court Hearing Date, and a Citation for small claims divisions. They are "non-mandatory forms", and "Some courts may accept and/or require use of these forms, while others may not" (lasc.org, Self-Represented Litigants, Basic Forms for Use in City & Parish Courts).
On filing, the plaintiff pays "a fee of thirty-five dollars for each party made defendant"; costs may be waived for an indigent party who complies with Code of Civil Procedure articles 5181 through 5188 (R.S. 13:5205(A), (B)).
Service is by certified mail, return receipt requested. If the receipt is not returned, or the filing party asks and pays for it, or a local rule requires it, service is made under the Code of Civil Procedure. A receipt signed by the defendant counts as personal service; one signed by someone else, or marked "refused" or "unclaimed", counts as domiciliary service. The citation must carry the "ATTENTION!" notice set out in the statute (R.S. 13:5204(A)-(C)).
"The court may by local rule limit the role of attorneys in small claims division proceedings." A partnership, corporation, or other entity may assert or defend a claim of up to $5,000 in a court of limited jurisdiction "through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative", but not a claim assigned to it (R.S. 13:5208(A), 37:212(C)).
For a residential security deposit: the landlord returns it "within one month after the lease shall terminate", or sends an itemized statement of what is kept and why, and the tenant gives a forwarding address. Willful failure entitles the tenant to the amount wrongfully kept plus "three hundred dollars or twice the amount of the portion of the security deposit wrongfully retained, whichever is greater"; not paying "within thirty days after written demand" is willful failure. The suit may be brought in the parish of the landlord's domicile or where the property is (R.S. 9:3251(A), 9:3252(A), (B)).

If you were sued (you're the defendant)

"The defendant shall answer within ten days of the service of citation", or fifteen days when served through the secretary of state. The uniform Statement of Claim and Citation counts the ten days "including holidays" and warns of "a default judgment" (La. Code Civ. Proc. art. 4903; lasc.org, Basic Forms for Use in City & Parish Courts).
A defendant waives the right to appeal unless, within the time to answer, the defendant files a written motion to remove the case to the ordinary civil docket, "which motion shall be granted forthwith". The citation's notice says to file a written notice and "PAY THE APPROPRIATE TRANSFER FEE WITHIN TEN (10) DAYS" (R.S. 13:5204(B), 13:5209(B)).
A defendant with a claim against the plaintiff over $5,000 may file it in a court of competent jurisdiction before trial, then file an affidavit with the small claims judge, attach a copy, and pay a $10 transmittal fee; the small claims case is then transferred and consolidated (R.S. 13:5206(B)-(D)).
Within ten days after service, any party may ask in writing for the case to be referred to arbitration; another party may object in writing within ten days after being served with the request (R.S. 13:5207.1(A), (E)).
"The court may by local rule limit the role of attorneys in small claims division proceedings." An entity may defend a claim of up to $5,000 "through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative" (R.S. 13:5208(A), 37:212(C)).
A small claims judgment "becomes final and executory three days after it is signed" unless a motion for new trial is filed or execution is stayed. On request, the judge may inquire into the losing party's finances and allow payment in installments (R.S. 13:5208(B), (D)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.