How to File a Small Claims Lawsuit in Louisiana (2026)
Reviewed by DocDraft Legal Team · Louisiana · Last updated May 12, 2026
Louisiana City Court and Justice of the Peace Court handle small claims up to $5,000 under La. R.S. 13:5200. Filing fees range from $35 to $150 by parish, with a $35 statutory base per defendant. The statute of limitations is 10 years for written contracts and 2 years for delictual claims.
How do I file a small claims lawsuit in Louisiana?
File a Petition at the City Court Small Claims Division in urban parishes or the Justice of the Peace Court in rural parishes under La. R.S. 13:5200. Pay the $35 to $150 filing fee. The sheriff or clerk arranges service of process by sheriff or certified mail under La. Code Civ. Proc. art. 1235. Trial is usually scheduled within 30 to 60 days. No appeal is permitted under § 13:5202.
What forms do I need to file small claims in Louisiana?
City Court small claims and Justice of the Peace Court use a Petition for Damages, with parish-specific variants. Forms are at the Louisiana Supreme Court Court Managed Programs portal at lasc.org. Some city courts post their own templates online (New Orleans First City Court, Baton Rouge City Court). Fee waiver requests use a Motion to Proceed In Forma Pauperis under La. Code Civ. Proc. art. 5181.
How is the defendant served in Louisiana small claims court?
Service in Louisiana civil actions is by sheriff under La. Code Civ. Proc. art. 1235 and following. In small claims under La. R.S. 13:5200, the clerk may also serve by certified mail with return receipt. Sheriff service typically costs $25 to $50. Citation and service must be completed before the trial date. Defendants who cannot be located may be served by appointment of a curator ad hoc.
When is my Louisiana small claims court hearing scheduled?
Trials in Louisiana small claims are usually scheduled 30 to 60 days after filing, depending on parish docket. The Petition sets the answer date, typically 15 days after service in city courts under La. Code Civ. Proc. art. 1001. If the defendant fails to answer or appear, the plaintiff can confirm a default judgment under art. 1701 after a 15-day waiting period from service.
Louisiana small claims at a glance
Louisiana extended its tort prescription period from 1 year to 2 years effective July 1, 2024 under Act 423 (HB 315), now codified as La. Civ. Code art. 3493.11. The state was the last U.S. jurisdiction to operate under a 1-year delictual rule, in force since the 1825 Civil Code. The change applies only prospectively: torts occurring before July 1, 2024 remain subject to the old 1-year prescription. Louisiana is the only U.S. state operating under a civil-law system, so its prescription terminology and 10-year personal-action period under La. Civ. Code art. 3499 differ markedly from common-law statutes of limitations elsewhere. Appeals from small claims court are flatly prohibited under La. R.S. 13:5202. The right of appeal is preserved only by filing in regular City Court rather than the Small Claims Division.
Filing cost example: $3,500 unpaid contract claim
Suppose a contractor owes you $3,500 on a written services contract. The prescription period for written contracts in Louisiana is 10 years under La. Civ. Code art. 3499, so you must file within 10 years of the missed payment. Filing fee in the Small Claims Division of City Court is typically $35 to $85 depending on parish. New Orleans First City Court and Baton Rouge City Court charge higher. Sheriff service adds $25 to $50 under La. Code Civ. Proc. art. 1235. The trial date typically falls 30 to 60 days after filing. After winning, post-judgment interest accrues at the 2026 judicial rate of 8.50% per year. Remember: no appeal is permitted under La. R.S. 13:5202. If the defendant pays in 30 days, you collect $3,500 plus filing and service. If unpaid for 1 year, you are owed roughly $3,800.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
New Orleans First City Court
421 Loyola Ave, New Orleans, LA 70112
Baton Rouge City Court (Civil Division)
233 St Louis St, Baton Rouge, LA 70802
Shreveport City Court (Civil Division)
1244 Texas Ave, Shreveport, LA 71101
Lafayette City Court
105 E Convent St, Lafayette, LA 70501
Monroe City Court
316 Breard St, Monroe, LA 71201
Relevant Laws
La. R.S. 13:5200 to 5211 (Small Claims Procedure Act)
Establishes Louisiana's small claims procedure, sets the $5,000 jurisdictional limit, and bars appeals from small claims judgments.
La. Civ. Code art. 3499 (Personal Actions, 10-Year Prescription)
Sets the 10-year prescription period for written contracts and most personal actions under Louisiana civil law.
La. Civ. Code art. 3493.11 (Delictual Prescription)
Sets the 2-year prescription period for tort actions (raised from 1 year effective July 1, 2024 under Act 423 of 2024).
La. R.S. 9:2781 (Open Account Demand Letter)
Requires a 30-day demand letter by registered or certified mail to recover attorney fees on a winning open account claim.
Louisiana Supreme Court: Self-Help Resources
Official Louisiana Supreme Court Court Managed Programs portal for Small Claims forms, fee waivers, court directory, and procedural guides.
Regional Variances
Prescription Periods for Common Claims in Louisiana
Written contract
10 years (La. Civ. Code art. 3499)
Open account (oral)
3 years (La. Civ. Code art. 3494)
Property damage (immovable)
2 years (La. Civ. Code art. 3493.12, raised in 2024)
Personal injury (delictual)
2 years (La. Civ. Code art. 3493.11, raised in 2024)
Debt collection (promissory note)
10 years (La. Civ. Code art. 3499)
Suggested Compliance Checklist
Send a demand letter (required for open account fee recovery)
30 days before filing days after startingFor open account claims, send a 30-day demand letter by registered or certified mail under La. R.S. 9:2781 to recover attorney fees. For other claims, a demand letter is recommended. Keep proof of mailing.
Verify claim is within $5,000 limit
Before filing days after startingConfirm your claim is at or below $5,000 under La. R.S. 13:5200. If above, file in the regular City Court civil docket (preserves right of appeal).
Confirm prescription period
Before filing days after startingWritten contracts get 10 years under art. 3499. Open accounts get 3 years under art. 3494. Torts get 2 years under art. 3493.11 (raised in 2024).
Gather evidence and witnesses
Before filing days after startingCollect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself.
File Petition at City Court or Justice of the Peace Court
Within applicable prescription period days after startingFile at the City Court Small Claims Division in urban parishes or the Justice of the Peace Court in rural parishes. Pay the $35 to $150 filing fee.
Serve the defendant under La. Code Civ. Proc. art. 1235
Before trial date days after startingService by sheriff or certified mail through the clerk. If the defendant cannot be located, request a curator ad hoc under art. 5091.
Attend the trial with all evidence
30 to 60 days after filing days after startingTrials are public, informal, and apply the Civil Code and Code of Civil Procedure. Bring three copies of every document and all witnesses.
Collect the judgment (no appeal available)
Immediately after judgment under La. R.S. 13:5202 days after startingUse writs of fieri facias under La. Code Civ. Proc. art. 2291 and following. Post-judgment interest accrues at the 2026 judicial rate of 8.50%.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send a demand letter (required for open account fee recovery) | For open account claims, send a 30-day demand letter by registered or certified mail under La. R.S. 9:2781 to recover attorney fees. For other claims, a demand letter is recommended. Keep proof of mailing. | demand-letter | 30 days before filing |
| Verify claim is within $5,000 limit | Confirm your claim is at or below $5,000 under La. R.S. 13:5200. If above, file in the regular City Court civil docket (preserves right of appeal). | - | Before filing |
| Confirm prescription period | Written contracts get 10 years under art. 3499. Open accounts get 3 years under art. 3494. Torts get 2 years under art. 3493.11 (raised in 2024). | - | Before filing |
| Gather evidence and witnesses | Collect contracts, invoices, receipts, photos, texts, emails, and witness contact information. Make three copies of every exhibit for the judge, the defendant, and yourself. | - | Before filing |
| File Petition at City Court or Justice of the Peace Court | File at the City Court Small Claims Division in urban parishes or the Justice of the Peace Court in rural parishes. Pay the $35 to $150 filing fee. | - | Within applicable prescription period |
| Serve the defendant under La. Code Civ. Proc. art. 1235 | Service by sheriff or certified mail through the clerk. If the defendant cannot be located, request a curator ad hoc under art. 5091. | - | Before trial date |
| Attend the trial with all evidence | Trials are public, informal, and apply the Civil Code and Code of Civil Procedure. Bring three copies of every document and all witnesses. | - | 30 to 60 days after filing |
| Collect the judgment (no appeal available) | Use writs of fieri facias under La. Code Civ. Proc. art. 2291 and following. Post-judgment interest accrues at the 2026 judicial rate of 8.50%. | - | Immediately after judgment under La. R.S. 13:5202 |
Frequently Asked Questions
Louisiana's Small Claims Division limit is $5,000 under La. R.S. 13:5200. Claims above $5,000 must be filed in the regular City Court civil docket (typically up to $35,000) or in District Court. The cap has been in place since the 2003 reorganization of Louisiana's small claims procedure. Filing in the regular docket preserves the right of appeal.
Under La. R.S. 13:5202, no appeal lies from a small claims judgment in Louisiana. The trade-off is speed and finality: parties exchange the right of appeal for simplified procedure and a quick decision. Parties who want to preserve appeal rights must file in the regular City Court civil docket or District Court rather than the Small Claims Division.
Filing fees vary widely by parish and court, from a $35 statutory base under La. R.S. 13:5200 to $150 in larger city courts. Sheriff service typically adds $25 to $50. New Orleans First City Court and Baton Rouge City Court are at the higher end. Indigent plaintiffs can file a Motion to Proceed In Forma Pauperis under La. Code Civ. Proc. art. 5181 to waive fees.
Prescription is Louisiana's civil-law equivalent of a statute of limitations under common law. Louisiana Civil Code articles 3492 through 3505 set prescription periods: 10 years for written contracts and most personal actions under art. 3499, 3 years for open accounts under art. 3494, and 2 years for torts under art. 3493.11 (raised from 1 year effective July 1, 2024).
Yes. Corporations, LLCs, partnerships, and other entities can sue or be sued in the Small Claims Division subject to the $5,000 cap. Corporations must be represented by an attorney in most matters under Louisiana practice, though some debt collection plaintiffs use authorized representatives. Sole proprietors appear as natural persons at the same cap.
Because no appeal is permitted under La. R.S. 13:5202, the judgment is immediately enforceable. Collection tools under La. Code Civ. Proc. art. 2291 and following include writs of fieri facias, wage garnishment under La. R.S. 13:3881 (limited by state exemptions), and judgment liens. Post-judgment interest accrues at the judicial rate (8.50% in 2026) set annually by the Commissioner of Financial Institutions.
E-filing availability for Louisiana small claims is uneven. Some city courts (Baton Rouge, New Orleans First City Court) accept electronic filings through court-specific portals. Most parishes still use paper filing in person at the clerk's office. The Louisiana Supreme Court Court Managed Programs portal at lasc.org lists current e-filing options by court.