A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Louisiana you can sue for up to $5,000 in the Small Claims Division of City Court, or Justice of the Peace Court, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
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. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
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.
Small Claims Statement of Claim (each court has its own form). Often within about 1 to 2 months; in some JP courts a trial is set within 45 days after a party asks for one.
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. If you 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 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.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Louisiana calls deadlines 'prescription.' The 2-year deadline for injury, property damage and other torts applies to harm after July 1, 2024; older claims had 1 year. Open accounts and unpaid wages have 3 years.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 10 years |
| Broken verbal agreement | 10 years |
| Damaged property | 2 years |
| Personal injury | 2 years |
| Fraud | 2 years |
| Libel or slander | 2 years |
| Claims against a government agency | Justice of the Peace courts can't hear cases against the state, a parish or a city. Check with the clerk before suing any government body. |
Not required. People can represent themselves. Companies can file through an officer or authorized employee, though JP courts generally expect a lawyer to argue for a corporation.
Both city court small claims divisions and Justice of the Peace courts hear claims up to $5,000, not counting interest, costs and attorney fees. You can't split a claim to fit. In city court small claims you give up the right to appeal; in a JP court either side can get a new trial in district court. Neither can hear disputes over title to land, divorce, or successions. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
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.
Ask the clerk well before the hearing if you need an interpreter.