Complete guide to filing small claims cases in Louisiana. Louisiana's small claims limit is $5,000 as of 2026. La. R.S. 13:5202(A) gives the small claims division subject matter jurisdiction where the amount in dispute does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties. Always verify current limits with your local court.
Who Can File in Louisiana Small Claims Court
A plaintiff may file a claim within the small claims division jurisdiction. Not more than ten plaintiffs may join in the same action, and class actions are not allowed (La. R.S. 13:5202).
Where to File Your Louisiana Case
The claim is filed in the small claims division of a city court, which each city court is authorized to establish within its territorial jurisdiction (La. R.S. 13:5201).
How to File Small Claims in Louisiana - Step by Step
- Send a Demand Letter - Before filing, send a formal demand letter giving the defendant a clear deadline to respond. PettyLawsuit generates professional demand letters with Louisiana laws cited. $29 to start.
- File Your Claim - If the defendant doesn't respond, file your case at the correct Louisiana court. Filing fees are typically $35.
- Serve the Defendant - Service of citation or other process is by certified mail with return receipt requested. If the receipt is not returned, or if a party pays the service charge, or if a local court rule requires it, service may be made through the marshal, constable, or sheriff (La. R.S. 13:5204).
- Attend Your Hearing - Present your evidence and the judge makes a decision, often the same day. Hearing timelines vary by court.
- Collect Your Judgment - If you win, enforce the judgment through legal collection methods.
Common Small Claims Cases in Louisiana
- Security deposit disputes with landlords
- Unpaid wages or final paychecks
- Contractor and home repair disputes
- Vehicle accidents and property damage
- Consumer complaints against businesses
- Breach of contract claims
Louisiana Court Hearing Tips
- Bring 3 copies of every document (one for you, judge, and defendant)
- Organize documents chronologically in a binder
- Prepare a brief opening statement (2-3 minutes)
- Stick to facts and avoid emotional arguments
- Bring all original documents and receipts
- Dress professionally (business casual minimum)
- Arrive 30 minutes early to find parking and courtroom
Judgment Collection Options in Louisiana
- Wage garnishment (court order required, limits vary)
- Bank account levy through the court
- Property liens on real estate
- Payment plans negotiated with the debtor
- Debtor examination to locate assets
Appeals in Louisiana
A plaintiff who files in the small claims division waives the right to appeal, and a defendant waives the right to appeal unless, within the time to answer, the defendant files a written motion to remove the action to the ordinary civil docket (La. R.S. 13:5209).
Filing Costs & Fee Breakdown
Small claims filing fees in Louisiana are typically $35. Confirm the current amount with the clerk before filing. If you win, the court may order the defendant to reimburse your filing costs. Many courts offer fee waivers for those who demonstrate financial hardship.
Statute of Limitations in Louisiana
Every type of claim has a filing deadline, and the deadline depends on the claim type. Filing after the deadline means your case can be dismissed regardless of its merits. Confirm the current Louisiana statute of limitations for your claim type before filing, and send a demand letter as soon as possible to preserve your rights.
Evidence Checklist for Louisiana Small Claims Court
- Signed contracts, leases, or written agreements
- Receipts, invoices, and proof of payment
- Photos or videos of damage or defective work
- Email and text message correspondence
- Witness statements or contact information
- Your demand letter and proof of delivery
- Timeline of events organized chronologically
Frequently Asked Questions
What is the small claims limit in Louisiana?
The general limit is $5,000. La. R.S. 13:5202(A) gives the small claims division subject matter jurisdiction where the amount in dispute does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties. Verify the current limit with the court before filing.
Do I need a lawyer in Louisiana small claims court?
Louisiana law does not bar attorneys from small claims cases, and the judge may refer a case to an attorney arbitrator if the parties agree to be bound (La. R.S. 13:5207).
How much does it cost to file?
Filing fees are generally $35. La. R.S. 13:5205(A) sets court costs at a fee of thirty-five dollars for each party made defendant. Additional service and each subpoena may cost up to twenty dollars. Confirm current fees with the clerk.
How long do I have to sue in Louisiana?
Time limits depend on the claim type. In Louisiana, common statutes of limitations are written contracts 10 years, oral contracts 10 years, personal injury 2 years, property damage 2 years. Confirm the deadline for your specific claim.
What if the defendant does not show up?
You can ask the court for a default judgment. You still need to show evidence of your damages.
How long is a judgment enforceable?
Under La. Civil Code Article 3499 a personal action, including an action on a money judgment, is subject to a liberative prescription of ten years unless otherwise provided.
Can I appeal a Louisiana small claims judgment?
Filing in the small claims division waives a plaintiff's right to appeal. A defendant keeps the right to appeal only by moving, within the time to answer, to remove the case to the court's ordinary civil docket (La. R.S. 13:5209).
How is the defendant notified in a Louisiana small claims case?
The clerk sends the citation to the defendant by certified mail with return receipt requested. If the receipt is not returned, service may be made through the marshal, constable, or sheriff (La. R.S. 13:5204).