How to file a small claims case in Louisiana, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
There's no general demand requirement. To recover attorney fees on an unpaid open account or bad check, you must first send a written demand and wait the time set by law.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Louisiana you can sue for up to $5,000 in the Small Claims Division of City Court, or Justice of the Peace Court.
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- Proof you asked for payment, if you did
Sue the company under its registered name and have the citation served on its registered agent.
Search: Louisiana Secretary of State Business Filings Search.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
Statement of Claim: Small Claims Statement of Claim (each court has its own form). Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $5,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign your claim. Many city courts also ask for a Servicemembers Civil Relief Act affidavit saying whether the defendant is in the military.
Bring the original and one copy for each defendant, plus one for yourself.
File and pay
Filing day
Choose how you'll file:
Usually the parish and ward or city where the defendant lives. You may also be able to file where the incident happened, where a contract was signed, or where an open account was created.
Fees are set by each court. For example, Baton Rouge City Court charges $86.50 for one defendant (2026), and Justice of the Peace courts charge about $130. Each extra defendant and service by the constable or marshal cost more. Can't afford it? Ask for a fee waiver: Ask the clerk about filing in forma pauperis (without paying costs in advance) if you can't afford the fee.
The clerk prepares a citation and sends it out for service by the constable, marshal or certified mail, then sets or tells you the hearing date.
Serve the defendant
Right after filing
The court issues a citation. A constable or city marshal delivers it, or the court sends it by certified mail. You can't serve it yourself; you must give the court a good address.
In JP court the defendant has 10 days after service to answer. In city court small claims, the defendant has 10 days after getting the notice to move the case to the regular docket.
Return of service
The constable or marshal files the return with the court after serving the defendant; you don't file a form yourself.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
In a JP court the defendant has 10 days to file an answer or a counterclaim (reconventional demand). In city court small claims the defendant can ask within 10 days to move the case to the regular docket.
If you settle, tell the clerk in writing so the case can be dismissed or a consent judgment entered.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena for a witness; there is a fee for each witness.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Check whether your case is in city court small claims (no appeal) or JP court (new trial possible)
- Arrive 30 minutes early and check in with the clerk or bailiff
- Bring three copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond or come, you can ask for a default judgment by proving your claim. If you don't come, your case can be dismissed.
After the judgment
Weeks to months
In a city court small claims division there's no appeal: if you lose, it's final. A defendant who wants to keep appeal rights must ask to move the case to the regular docket within 10 days. In a JP court, either side can ask the parish or district court for a new trial within 15 days of judgment, and that decision is final.
The court doesn't collect for you. If they don't pay, you can ask for a judgment debtor exam, garnish wages or a bank account, or have the marshal or constable seize property.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.
Louisiana Attorney General: Guide to Justice of the Peace Courts