Louisiana Small Claims Court: The $5,000 Limit, the $35 Fee, and Why There's No Appeal

In Louisiana, small claims cases go to the small claims division of a city court. Each city court can set one up by court rule [2]. The division hears claims up to $5,000 and runs informally [1][3]. The trade-off: by filing there, the plaintiff gives up the right to appeal [8].

Two places for small cases

City court small claims divisions hear cases where the amount in dispute is $5,000 or less, not counting interest, court costs, attorney fees or penalties [1]. They can award money or other appropriate relief [1].

Justice of the peace courts share jurisdiction with district court over civil cases up to $5,000 [9]. They aren’t small claims divisions, and the rules in this guide on fees and appeals come from the city court small claims law.

Some limits on small claims divisions [1]:

• no more than 10 plaintiffs in one case, and no class actions,
• no injunctions or restraining orders, except to stop enforcement of the division’s own writ,
• no summary or executory proceedings.

How to file

1. File with the city court clerk. The clerk prepares the citation and sends it to the defendant [11]. Clerks are allowed to help parties with questions about small claims procedure [11].
2. Pay the fee: $35 for each defendant. No other costs before judgment are required, apart from those required by R.S. 13:10.3, while the case stays in small claims [5]. Extra service or subpoenas can cost up to $20 each [5].
3. Ask about a waiver if you can’t afford costs. Courts can waive them for people who qualify as indigent [5].

Service is by certified mail, return receipt requested. If the receipt doesn’t come back, or a party asks and pays, service can be made the regular way [4]. A receipt signed by the defendant counts as personal service. One that’s refused or unclaimed counts as service too [4].

The hearing

The judge runs an informal hearing and develops the facts. The judge can ask questions, raise defenses or claims a party didn’t know about, call parties as witnesses and try to help the sides settle [7].

• Evidence rules are relaxed. Any relevant evidence is allowed, including hearsay, if the judge finds it generally reliable [3].
• No discovery: no depositions or written questions before trial [3].
• Arbitration by an attorney is possible if the parties agree to be bound [12].

If the defendant has a claim against the plaintiff for more than $5,000, the defendant can file it in a court that can hear it and have the small claims case transferred there to be tried together [6].

Judgment and paying it

A small claims judgment becomes final 3 days after it’s signed, unless someone moves for a new trial or the judge stays it [7]. When a judgment is entered, the judge can look at the losing party’s finances and allow installment payments. Missing a payment without a good reason ends that stay [7].

Why there’s no appeal

Filing in small claims is a choice to give up an appeal [8]:

• Plaintiffs waive the right to appeal by filing in the small claims division.
• Defendants waive it too, unless they file a written motion to move the case to the court’s regular civil docket within the time allowed to answer. That motion is granted right away [8].

In city courts, a defendant generally has 10 days after service to answer [10].