How to File Small Claims in Louisiana: Step-by-Step Process

Step 1: Confirm Your Claim Fits

Before anything else, verify two things. First, your principal damages must be $5,000 or less — that's the jurisdictional ceiling for both City Court Small Claims Divisions (La. R.S. 13:5202) and Justice of the Peace Courts (CCP art. 4911). Court costs, interest, and penalties don't count toward the cap.

Second, check your prescription deadline. Tort claims arising after July 1, 2024, have 2 years (La. C.C. art. 3493.1). Unpaid invoices and open accounts have 3 years (art. 3494). Written contract breaches have 10 years (art. 3499). A demand letter does not interrupt prescription. For deposits, a written demand and a 30-day wait affect statutory damages; for open accounts, a written demand or citation and service of the petition triggers the applicable attorney-fee period. Do not assume either period extends your prescription deadline.

Step 2: Identify the Defendant Correctly

You need the defendant's full legal name, not a trade name. "Mike's Auto Repair" is a DBA — you can't sue it directly. Search the Louisiana Secretary of State geauxBIZ database to find whether the business is an LLC, corporation, or sole proprietorship. Name the registered entity, or if it's unregistered, name the individual owner (e.g., "Michael Smith d/b/a Mike's Auto Repair").

Get a physical address for service. P.O. boxes aren't sufficient. If the defendant is an LLC or corporation, you'll serve their registered agent listed in geauxBIZ.

Step 3: Send a Demand Letter (When Required)

Louisiana doesn't require a demand letter for every claim, but a written demand triggers statutory rights for two common claim types:

• Security deposits: The deposit is due within one month after the lease ends. If any part is retained, an itemized statement is due within one month or, under Act 63 of 2026 (effective August 1, 2026), within 15 days after that one-month date. To seek statutory damages, send a written demand for a refund and allow 30 days after the demand; certified mail is a way to document it, not a statutory delivery requirement.
• Open accounts: To claim attorney fees under La. R.S. 9:2781, send a written demand correctly stating the amount owed and allow 30 days after it is sent. If citation and service of the petition make the demand, the debtor may pay without attorney fees within 10 days in city court or 15 days in other courts. A judgment in your favor is required for fees.

Even when not legally required, a certified demand letter strengthens your case and sometimes resolves the dispute without court.

Step 4: Choose Your Court

Louisiana gives you two options for claims of $5,000 or less:

City Court Small Claims Division — faster, more informal, lower filing fees ($35 per defendant). The catch: you permanently waive your right to appeal under La. R.S. 13:5209. The judgment is final.

Justice of the Peace Court — also informal, with filing fees of $50–$80. You keep the right to a de novo appeal (a completely new trial) in District Court within 15 days under CCP art. 4925.

Venue generally means filing where the defendant lives (their parish or ward). For contract disputes, you can also file where the contract was made or was to be performed. For security deposits, file where the rental property is located or where the landlord is domiciled.

Step 5: File Your Petition

Get the appropriate form from your chosen court — a Statement of Claim, Small Claims Petition, or Affidavit of Claim depending on the court. Fill in both parties' names and addresses, describe what happened with specific dates and amounts, state the dollar amount you're seeking, and request service of citation.

File in person at the clerk's counter (fees by cash, check, or card), by mail (risky near deadlines — filing date is when the clerk receives it, not when you mailed it), or electronically through eClerks LA if the court participates.

Step 6: Serve the Defendant

You can't serve the papers yourself. In a City Court Small Claims Division, the clerk sends citation via certified mail with return receipt. Under La. R.S. 13:5204(C), a receipt signed by the defendant is personal service; one signed by another person is domiciliary service. A receipt marked "refused" or "unclaimed" by the addressee is also treated as domiciliary service.

If the return receipt is not returned, La. R.S. 13:5204(A) allows service under the Louisiana Code of Civil Procedure; ask the clerk whether officer service is needed. You have 90 days from filing to request service under CCP art. 1201(C) — miss this and your case faces dismissal.

Step 7: Prepare for the Hearing

In a City Court Small Claims Division, the applicable local rule and citation set the response deadline. In JP Court, the defendant must answer within 10 days after service of citation, or 15 days if citation is served through the Secretary of State (CCP art. 4920). If the defendant misses the applicable deadline, you can request a default judgment by presenting enough evidence to prove your case on its face.

If there is a hearing, organize your evidence chronologically: contracts, invoices, demand letters, photographs, text messages, bank statements, and repair estimates. Small claims hearings are informal under La. R.S. 13:5208, but you still need to present clear proof of what happened and how much you're owed.

Step 8: Get and Enforce the Judgment

The judge may rule immediately or take the matter under advisement. A written judgment follows either way. If you win and the defendant doesn't pay voluntarily, enforcement options include wage/bank garnishment (75% of disposable earnings are exempt under La. R.S. 13:3881), a judgment debtor examination, or a Writ of Fieri Facias for property seizure.

Our Louisiana small claims filing guide covers every step with fillable worksheets for each stage — from the demand letter through evidence preparation and post-judgment next steps.

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