DocDraft Logo

How to Respond to a Lawsuit in Louisiana: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Louisiana. Last updated 2026-06-02

In Louisiana, a defendant served with a civil citation and petition generally has 21 calendar days to file a written answer under La. C.C.P. art. 1001(A), which directs that the defendant file his answer within twenty-one days after service of citation. The same article gives 30 days when the plaintiff files and serves a discovery request with the petition. Because the 21-day period is longer than seven days, intermediate legal holidays are counted under La. C.C.P. art. 5059, so this is a calendar-day deadline. Two tracks work differently. In the small claims division of a city court, a written answer IS required within 10 days of service under La. C.C.P. art. 4903, which La. R.S. 13:5203 makes applicable to small claims, with 15 days if the citation is served through the secretary of state. An eviction is not an ordinary answer case. Under La. C.C.P. art. 4732 the tenant is cited by a rule to show cause and appears to present any defense at the hearing, which the court sets not earlier than the third day after service, so there is no separate written-answer window. A response to a divorce or dissolution petition is due within the same 21 days under art. 1001(A). If you miss a deadline where an answer is required, the plaintiff can establish a prima facie case and obtain a default judgment under La. C.C.P. art. 1702(A), which you may later attack by motion for new trial within seven days or by petition for nullity.

0/5000

How long do I have to respond to a lawsuit in Louisiana?

It depends on the track. For a general civil petition, La. C.C.P. art. 1001(A) gives you 21 calendar days after service of citation to file a written answer, or 30 days if the plaintiff served a discovery request with the petition. In the small claims division, a written answer is due within 10 days under La. C.C.P. art. 4903. An eviction has no separate answer deadline; the tenant appears and defends at the hearing set not earlier than the third day after service under art. 4732.

How do I respond to a civil summons in Louisiana?

You respond by filing a written answer with the clerk of the court where the action is pending, then serving a copy on the plaintiff's counsel of record or the adverse party under La. C.C.P. art. 1313(A). The answer admits or denies each numbered allegation of the petition and states your affirmative defenses. There is no statewide mandatory form, so the answer is typed on pleading paper that follows the caption rules in La. C.C.P. art. 853.

What happens if I don't answer a summons in Louisiana?

If you fail to answer within the time prescribed by law, the plaintiff can establish a prima facie case by competent and admissible evidence and obtain a default judgment under La. C.C.P. art. 1702(A), after sending the notice that article requires unless it is waived. The court can then grant what the petition requests. You may seek a new trial within seven days under art. 1974 or, in limited circumstances, file a petition for nullity.

How do I answer a summons without an attorney in Louisiana?

Self-represented defendants can file an answer themselves. Louisiana has no statewide mandatory answer form, so you type your answer on pleading paper with the court, parties, and docket number in the caption under La. C.C.P. art. 853. File it with the clerk of the court where the action is pending, serve a copy on the plaintiff's counsel under art. 1313(A), and request a fee waiver by in forma pauperis affidavit if you cannot afford the filing fee.

Louisiana response framework at a glance

Louisiana's response rules turn first on which track your case is in. A general civil petition is governed by La. C.C.P. art. 1001(A), which directs the defendant to file a written answer within twenty-one days after service of citation, increased to 30 days when the plaintiff files and serves a discovery request with the petition. Because the 21-day period is longer than seven days, La. C.C.P. art. 5059 counts intermediate legal holidays, so the deadline runs in calendar days. The small claims division is different in a way that surprises many defendants. La. R.S. 13:5203 makes La. C.C.P. arts. 4901 through 4904 applicable to small claims, so art. 4903 requires the defendant to answer within ten days of service of citation, or fifteen days when the citation is served through the secretary of state. A written answer is genuinely required there; small claims is not a no-answer track in Louisiana. Eviction is a summary proceeding, not an ordinary answer case. Under La. C.C.P. art. 4732 the lessee is cited by a rule to show cause and the court tries the rule and hears any defense at a hearing set not earlier than the third day after service, a sub-seven-day period that art. 5059 computes in court days by excluding legal holidays. A response to a dissolution petition follows the general 21-day period under art. 1001(A). Answers are filed with the clerk of the court where the action is pending and served on the plaintiff's counsel under La. C.C.P. art. 1313(A). The Louisiana State Legislature law portal at legis.la.gov publishes the controlling Code of Civil Procedure articles, and the Louisiana Supreme Court rules site at lasc.org provides the in forma pauperis affidavit defendants use to ask the court to waive filing fees.

Court Resources

Louisiana State Legislature. Code of Civil Procedure law search

Official Louisiana Legislature portal where a defendant looks up the controlling answer rules, including art. 1001 (21-day answer), art. 4903 (10-day small claims answer), and art. 4732 (eviction trial of rule and hearing date).

Louisiana C.C.P. art. 4903 (10-Day Small Claims Answer)

The article that requires a small claims defendant to answer within ten days of service of citation, made applicable to the small claims division by La. R.S. 13:5203, so a written answer is required rather than simply appearing.

Louisiana Supreme Court. In Forma Pauperis affidavit (Appendix 8.0)

The fee-waiver affidavit a defendant can file instead of paying the answer filing fee, available to a party who cannot pay court costs due to poverty and lack of means.

Relevant Laws

Louisiana Code of Civil Procedure art. 1001 (21-Day Answer)

Provides that a defendant shall file his answer within twenty-one days after service of citation, except as otherwise provided by law, and within thirty days if the plaintiff files and serves a discovery request with the petition. This is the standard general civil answer deadline in Louisiana, counted in calendar days.

Louisiana Code of Civil Procedure art. 4903 (10-Day Small Claims Answer)

Requires the defendant to answer within ten days of service of citation, except that when the citation is served through the secretary of state the delay is fifteen days. This is the short small claims answer window, and unlike many states a written answer is genuinely required.

Louisiana Revised Statutes 13:5203 (Small Claims Adopts C.C.P. arts. 4901 through 4904)

Makes the pleadings, citation, and procedure of La. C.C.P. arts. 4901 through 4904 applicable to a small claims division, which is the linking rule that carries the art. 4903 ten-day written answer into small claims cases.

Louisiana Code of Civil Procedure art. 4732 (Eviction Trial of Rule)

Provides that the court shall make the eviction rule returnable not earlier than the third day after service, at which time the court shall try the rule and hear any defense made. Eviction is a summary rule-to-show-cause proceeding with no separate written-answer deadline; the tenant appears and defends at the hearing.

Louisiana Code of Civil Procedure art. 5059 (Time Computation)

Excludes the date of service from the count and includes legal holidays in the computation of a period, except when a legal holiday is the last day or when the period is less than seven days. Because the 21-day and 10-day answer windows exceed seven days, they run as calendar days.

Louisiana Code of Civil Procedure art. 1702 (Default Judgment)

Provides that if a defendant fails to answer or file other pleadings within the time prescribed by law, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment may be rendered, provided the required notice of intent is sent unless waived.

Louisiana Code of Civil Procedure art. 4731 (Eviction Rule to Show Cause)

Authorizes the lessor, after notice to vacate, to cause the lessee to be cited summarily by a rule to show cause why he should not be ordered to deliver possession, the procedural step that opens the eviction hearing governed by art. 4732.

Regional Variances

Answer deadline by case track in Louisiana

General civil petition (La. C.C.P. art. 1001(A))

21 calendar days after service of citation to file a written answer, increased to 30 days when the plaintiff serves a discovery request with the petition. The period is counted in calendar days because it exceeds the seven-day threshold in La. C.C.P. art. 5059. This is the default civil deadline most defendants work against.

Small claims (La. C.C.P. art. 4903, applied by La. R.S. 13:5203)

A written answer is required within 10 calendar days of service of citation, or 15 days when the citation is served through the secretary of state. Unlike many states, Louisiana small claims is not a no-answer track, because La. R.S. 13:5203 carries the art. 4903 written-answer rule into the small claims division.

Eviction / unlawful detainer (La. C.C.P. art. 4732)

No separate written-answer deadline. Eviction is a summary rule-to-show-cause proceeding, so the tenant appears and presents any defense at the hearing, which the court sets not earlier than the third day after service of the rule. That short return period is computed in court days, excluding legal holidays, under La. C.C.P. art. 5059.

Divorce / dissolution response (La. C.C.P. art. 1001(A))

21 calendar days after service of citation to file a written answer, the same general civil period, because Louisiana has no shorter family-specific answer delay. Missing it can let the divorce proceed by default and let the court decide custody, support, and property without your input.

Which Louisiana court hears your case, by amount

Small Claims Division of City Court or Justice of the Peace Court

Hears claims up to the small claims cap of $5,000. A written answer is required within 10 days of service under La. C.C.P. art. 4903 as applied by La. R.S. 13:5203, so the defendant does not simply appear without pleading.

City Court (ordinary civil docket)

Handles civil cases concurrent with the district courts up to the city court's jurisdictional limit, which ranges roughly from $15,000 to $50,000 depending on the city. A written answer follows the general 21-day period under La. C.C.P. art. 1001(A).

Louisiana District Court

A court of general jurisdiction that hears civil cases above the city and small claims limits. A written answer is required within 21 calendar days of service of citation under La. C.C.P. art. 1001(A), with the filing fee varying by parish.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil petition is due in 21 calendar days under La. C.C.P. art. 1001(A), or 30 days if a discovery request was served with the petition. The count runs in calendar days because the period exceeds seven days under La. C.C.P. art. 5059. A small claims case requires a written answer within 10 days under art. 4903. A dissolution response follows the same 21-day period. An eviction has no separate answer deadline; you appear and defend at the hearing set not earlier than the third day after service under art. 4732. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the citation to confirm whether your case is a general civil petition, a small claims matter, an eviction rule to show cause, or a divorce. The track decides your deadline and your court. Small claims is heard in the small claims division of a city court or justice of the peace court, ordinary civil matters in city or district court, and evictions by summary rule. Confirm the clerk of the court where the action is pending, because that is where your answer must be filed.

Identify your defenses and any reconventional demand

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as negligence or fault of the plaintiff, duress, error or mistake, estoppel, extinguishment of the obligation, failure of consideration, fraud, or illegality. In debt cases, check Louisiana's liberative prescription, three years on an open account under La. Civ. Code art. 3494 and ten years for most other personal actions under art. 3499. If you have a claim against the plaintiff arising from the same transaction, you must plead it as a reconventional demand under La. C.C.P. art. 1061(B) or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or pleading that you lack sufficient information to admit or deny, then state your affirmative defenses. Louisiana has no statewide mandatory answer form, so type the answer on pleading paper with the court, parties, and docket number in the caption under La. C.C.P. art. 853. Include any reconventional demand in the same filing if you have a claim against the plaintiff.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the court where the action is pending. You may deliver the answer to the clerk, and electronic filing is permitted where the local court clerk authorizes it under La. C.C.P. art. 253. The answer filing fee varies by parish, for example about $272 in the Orleans Parish Civil District Court, so confirm the cost with your clerk before filing.

Serve the plaintiff and keep proof of service

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff's counsel of record, or on the adverse party if unrepresented, by mail, delivery, or electronic means where designated, under La. C.C.P. art. 1313(A). Keep proof that you served the copy. An answer that is filed but not served on the opposing party can be challenged.

Request a fee waiver if you cannot afford the filing fee

At the time of filing days after starting

If you cannot pay court costs due to poverty and lack of means, file an in forma pauperis affidavit, available as Appendix 8.0 to the district court rules, with your answer. Submitting the affidavit lets you file on time without paying the parish filing fee in advance while the court decides whether to grant pauper status.

Appear at the hearing or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the eviction hearing, where no written answer is filed and you appear to present your defense, and any small claims hearing. If a default judgment was already entered, you can move for a new trial within seven days under La. C.C.P. art. 1974 or, in limited circumstances, file a petition for nullity under art. 2004. Attorney review is available as an option before you file if your case involves a short small claims or eviction deadline, a debt-collection prescription question, or a disputed service-of-process issue.

Frequently Asked Questions

An answer responds to each numbered paragraph of the petition by admitting it, denying it, or pleading that you lack sufficient information to admit or deny, and then states your affirmative defenses. Louisiana has no statewide mandatory answer form, so you type the answer on pleading paper with the court, parties, and docket number set out in the caption under La. C.C.P. art. 853. Filing an answer also lets you assert a reconventional demand if you have a claim against the plaintiff.

File your written answer with the clerk of the court where the action is pending within 21 calendar days of service of citation under La. C.C.P. art. 1001(A), or within 30 days if a discovery request was served with the petition. Serve a copy on the plaintiff's counsel of record or the adverse party under art. 1313(A). The answer filing fee varies by parish, for example about $272 in the Orleans Parish Civil District Court, unless the court grants a fee waiver.

Under La. C.C.P. art. 1702(A), once you fail to answer within the time prescribed by law, the plaintiff can establish a prima facie case by competent and admissible evidence and obtain a default judgment, after sending the notice the article requires unless it is waived. You can move for a new trial within seven days under art. 1974, counted in court days, or file a petition for nullity under art. 2004 within one year of discovering fraud or ill practices. Act quickly, because the new-trial window is short.

Often yes. Parties commonly agree to extend the answer deadline, and you can ask the court for additional time before the period runs. Filing a declinatory, dilatory, or peremptory exception before answering can also change the timing, because the court rules on the exception first. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file your answer.

You can ask the court to let you proceed without paying costs in advance. Louisiana's request is made by an in forma pauperis affidavit, available as Appendix 8.0 to the district court rules, and it is granted to a party who cannot pay court costs due to poverty and lack of means. Filing the affidavit lets you file your answer on time while the court decides whether to waive the fee, which varies by parish.

Yes. In Louisiana you challenge defective service by filing a declinatory exception of insufficiency of service of process, which is pleaded before or with your answer. If service did not follow the rules, the time to answer may not have begun to run. Raise a service problem promptly rather than ignoring the citation, because ignoring it still exposes you to a default judgment under La. C.C.P. art. 1702(A).

Common affirmative defenses you must plead in your answer include negligence or fault of the plaintiff, duress, error or mistake, estoppel, extinguishment of the obligation, failure of consideration, fraud, and illegality. To assert your own claim against the plaintiff, you file a reconventional demand. Under La. C.C.P. art. 1061(B), a claim that arises out of the same transaction or occurrence as the plaintiff's main demand is compulsory and can be lost if you do not plead it.

Respond the same way as any civil petition: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check Louisiana's liberative prescription, which is three years on an open account under La. Civ. Code art. 3494, five years on a promissory note under art. 3498, and ten years for most other personal actions under art. 3499. Also confirm whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the citation, because silence leads to a default judgment for the full amount claimed.

A spouse served with a divorce or dissolution petition and citation has 21 calendar days to file a written answer under La. C.C.P. art. 1001(A), the same general civil period, because Louisiana has no shorter family-specific answer delay. You file your answer with the clerk of the district court where the petition is pending and serve a copy on the petitioner's counsel. Missing the window can let the case proceed by default and let the court decide custody, support, and property issues without your input.

Louisiana does not use a federal-style motion to dismiss. The closest tools are exceptions. A declinatory exception challenges jurisdiction, venue, or insufficiency of service of process, and a peremptory exception of no cause of action or prescription argues the petition or claim fails as a matter of law. Declinatory and dilatory exceptions are generally pleaded before or with your answer, while a peremptory exception can be raised at later stages. If the court overrules an exception, you then file your answer.

Other Louisiana guides

How to File a Small Claims Lawsuit in Louisiana (2026)

How to Dispute a Bill in Louisiana (2026)

How to Break a Lease in Louisiana Legally (2026)

Asset Protection Planning in Louisiana (2026)

Setting Up a Business Partnership in Louisiana (2026)

Small Business Loan Guide for Louisiana (2026)

See all 15 Louisiana guides →

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.