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Step-by-Step Guide

Small Claims Court.

Small claims court is designed for pro se litigants. Simple procedure, low fees, quick resolution. If you are owed money, want your security deposit back, or need to recover damages under $5,000–$35,000, this is the fastest path.

Where to file

Louisiana small claims cases are heard in:

  • Justice of the Peace Courts (JP Courts) — up to $5,000 jurisdictional limit
  • City Courts — jurisdictional limit varies by city (typically $15,000 to $35,000; New Orleans First City Court up to $25,000)
  • Parish District Courts — if no JP or City Court has jurisdiction

Call the parish Clerk of Court to confirm which court handles small claims in your area. See the Court Contacts page for phone numbers.


What small claims can and cannot do

Good for:

  • Unpaid loans or personal debts
  • Security deposit disputes with landlords
  • Damages from car accidents (property damage only)
  • Payment for goods or services delivered
  • Property damage or negligence claims

Not for:

  • Family law matters (custody, divorce, support)
  • Real estate title disputes
  • Personal injury (medical bills, pain and suffering) — usually needs district court
  • Amounts over the court's jurisdictional limit

The step-by-step process

1

Read the small claims guidelines

💾 Small Claims Guidelines

This overview walks through what to expect in small claims, evidence rules, and how the hearing runs.

2

Send a demand letter first

Before filing, send the defendant a written demand for payment. This is not always required but is strongly recommended because:

  • Often the dispute resolves without filing
  • It creates a paper trail showing you tried to resolve
  • Some causes of action (like FDCPA violations) require pre-suit demand

Send by certified mail, return receipt requested. Keep a copy.

3

Download the Statement of Claim

💾 Small Claims Statement of Claim

Fill in:

  • Your name, address, phone
  • Defendant's name and address
  • Dollar amount claimed (be reasonable and specific)
  • Brief factual description ("Defendant borrowed $2,500 on May 1, 2024 and has not repaid")
4

File and pay the filing fee

Take the Statement of Claim to the Clerk of Court. Filing fees vary:

  • JP Courts: $25–$75
  • City Courts: $75–$200
  • District Courts (small claims): $150–$300

If you cannot afford the fee, ask about the IFP procedure (see the IFP guide).

5

Arrange service

💾 Notice of Hearing

The court will set a hearing date (usually 30–60 days out). The Notice of Hearing goes to the defendant with the Statement of Claim.

Service is by:

  • Sheriff or constable (typical) — small fee
  • Certified mail in some courts
  • Personal service by someone over 18 who is not you
6

Prepare your evidence

Small claims judges want to see the evidence, not hear speeches. Bring:

  • Every relevant document (contract, receipt, invoice, canceled check)
  • Photos with dates
  • Text messages, emails printed out
  • Estimates or repair bills
  • The demand letter and return receipt
  • Witnesses if applicable (they must appear in person)

Organize chronologically in a folder. Bring three copies: one for you, one for the judge, one for the defendant.

7

Attend the hearing

Arrive early. When your case is called:

  • Address the judge as "Your Honor"
  • Explain your claim in 2–3 minutes maximum
  • Hand your documents to the bailiff
  • Let the defendant respond without interrupting
  • Respond briefly to any denials with your evidence

The judge often rules from the bench.

8

If you win, collect the judgment

Winning a judgment is only step one. Collecting requires additional work:

  • Voluntary payment. Send a copy of the judgment with a payment demand letter.
  • Garnishment. If defendant has a job, you can garnish wages. See garnishment forms.
  • Judgment debtor examination. Force defendant to appear and disclose income and assets. See the Rule for Examination.
  • Writ of Fieri Facias. Have the sheriff seize non-exempt property.

Louisiana judgments are enforceable for 10 years and can be renewed.

9

If you lose or the amount is wrong

Motion for New Trial. File within 7 days of judgment if there is a legal basis (new evidence, error of law).

Appeal. Small claims judgments are generally appealable to the parish district court within 10 days. Check with your court — some have a "trial de novo" appeal, meaning the appeal is a fresh trial. See Motion for Trial De Novo.

💡 Attorneys are not required but not prohibited

Small claims was designed for pro se, but you can bring an attorney. Some cases (complex contracts, business disputes over $5K) benefit from consultation even if you appear pro se.

💡 Corporate parties usually need an attorney

If you are suing (or being sued by) a corporation or LLC, the entity generally must be represented by an attorney — it cannot appear through a non-lawyer officer or employee. Louisiana small claims relaxes this in some cases; check with the court clerk.


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