Louisiana Small Claims Court Counterclaim: How to File a Reconventional Demand

When you're served with a small claims lawsuit in Louisiana and you believe the plaintiff actually owes you money, you don't have to file a separate lawsuit. Louisiana allows defendants to assert a counterclaim — called a reconventional demand — within the same case. The judge hears both claims at the same hearing and decides who owes what.

What a Reconventional Demand Is

Under La. C.C.P. Art. 1061, a reconventional demand is any claim a defendant has against the plaintiff. It can arise from a different transaction. If someone sues you over a contractor dispute and you have an unrelated claim against them for property damage, you can bring it as a reconventional demand.

Under La. C.C.P. Art. 1061(B), a defendant generally must assert claims against the plaintiff that arise from the same transaction or occurrence as the main action. Unrelated claims can be brought separately later, provided they have not prescribed.

Under La. C.C.P. Art. 1065, the reconventional demand can even exceed the amount the plaintiff is seeking. If they sue you for $2,000 and you believe they owe you $4,000, you can demand the full $4,000.

How to File

Draft the reconventional demand as a distinct section within your written answer to the plaintiff's petition. It should clearly state:

• The factual basis for your claim (what happened, when, what the plaintiff did or failed to do)
• The specific amount you're seeking
• Any supporting facts or defenses

Serve a copy of the answer (with the reconventional demand) on the plaintiff, file it with the court clerk, and pay the applicable filing fee. The fee varies by court but follows the same schedule as the initial filing.

The filing deadline is the same as your applicable answer deadline — 10 calendar days for standard service. Service through the Secretary of State has a 15-day answer period on regular City Court and JP dockets under La. C.C.P. Arts. 4903 and 4920. Baton Rouge City Court's published small-claims citation gives 15 days for Secretary-of-State service and 30 days for Long-Arm service. File the reconventional demand with your answer; if a JP citation sets a trial date, appear on that date unless the court orders an answer.

The $5,000 Limit

If your counterclaim is $5,000 or less, it stays in the small claims track. The judge hears both the plaintiff's claim and your reconventional demand at the same hearing and can award judgment for either side — or split the difference.

If your counterclaim exceeds $5,000, the Small Claims Division loses jurisdiction over the combined dispute. Under La. R.S. 13:5206, you need to:

1. File a separate petition asserting your oversized claim in a court with proper jurisdiction (the regular civil docket of the City Court or the District Court)
2. File an affidavit with the Small Claims Division clerk stating that a reconventional demand exceeding the jurisdictional cap has been filed in a competent court
3. Attach a copy of the oversized petition to the affidavit
4. Pay a $10 transmittal fee to the small claims clerk
5. The judge then transfers and consolidates both cases on the higher docket

This process adds time and complexity, but it ensures both claims are heard together. If you file the oversized claim without going through La. R.S. 13:5206, the two cases proceed separately — which risks inconsistent judgments and double litigation costs.

Strategic Considerations

A counterclaim changes the hearing dynamic. Instead of defending against the plaintiff's allegations, you're also making a claim. The plaintiff now has to defend as well. This can shift the negotiation leverage, particularly in settlement discussions.

Counterclaims can offset the judgment. If the judge awards the plaintiff $3,000 and awards you $2,000 on your reconventional demand, the net result may be that you owe $1,000 (depending on how the court structures the judgment). This offset can meaningfully reduce your exposure.

Keep it under $5,000 if possible. Staying within the small claims jurisdictional limit avoids the transfer process and keeps the hearing on the faster small claims schedule. If your actual damages exceed $5,000, weigh whether the additional amount justifies the transfer complications.

Document your counterclaim thoroughly. The same evidence standards that apply to the plaintiff's case apply to yours. Bring receipts, contracts, photos, text messages — anything that supports your claim. The judge evaluates both sides based on what's presented.

The Louisiana Small Claims Response Guide covers reconventional demand procedures, including how to draft the claim within your answer and when the oversized-counterclaim transfer process applies.

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