Louisiana Small Claims Court Fees: Filing Costs and Fee Waivers

Filing Fees by Court Type

Louisiana's filing fees depend on which court you use.

City Court Small Claims Divisions charge $35 per defendant under La. R.S. 13:5205. If you're suing two people, that's $70 upfront. These fees are advance deposits — meaning you pay before the clerk processes anything.

Justice of the Peace Courts typically charge $50 to $80 for the base filing, with $20 to $35 per additional defendant. The exact amount varies by parish under the fee schedule in La. R.S. 13:2590.

District Court Clerk's Dockets (used in rural parishes without a local City Court) run significantly higher: $200 to $350 as an advance deposit, plus $100 per additional party. This is one reason City Court Small Claims Divisions are the more affordable option where available.

Service of Process Costs

Beyond the filing fee, you'll pay to have the defendant officially notified:

• Certified mail service (Small Claims Divisions): handled by the clerk; ask whether the court charges separately for mailing
• Sheriff or Constable service: $30 to $50 depending on the parish
• Witness subpoenas: $15 to $30 per witness plus mileage
• Judgment recording fee: standard mortgage recording rates apply if you need to record the judgment against property

If the return receipt is not returned and the court requires officer service, that adds $30 to $50 to what you've already paid.

What You Can Recover If You Win

Court costs are assessed against the losing party in Louisiana. If you win, the judge typically adds your filing fee, service costs, and related expenses to the judgment amount. The defendant pays — at least in theory. Collecting is a separate challenge.

For security deposit cases under La. R.S. 9:3252, if the landlord fails to remit within 30 days after written demand, you can recover the wrongfully retained deposit plus a statutory penalty of $300 or double the retained amount (whichever is greater). For open account claims, reasonable attorney fees under La. R.S. 9:2781 may be awarded if you obtain judgment and the debtor does not pay within 30 days after a pre-suit written demand is sent. If citation and service of the petition serves as the demand, the debtor can avoid attorney fees by paying within 10 days in city court or 15 days in other courts.

Applying for a Fee Waiver (In Forma Pauperis)

If you can't afford the filing fees, Louisiana allows you to apply to proceed In Forma Pauperis (IFP) under CCP arts. 5181–5183. Here's what the process involves:

1. Complete a sworn affidavit of poverty detailing your income, assets, liabilities, and living expenses
2. Obtain a supporting affidavit from a third party (someone other than your lawyer) who can attest to your inability to pay court costs
3. Present the application to the judge or Justice of the Peace for financial examination — urban courts often require an in-person appearance during morning duty hours

One critical detail most resources leave out: IFP status defers court costs rather than eliminating them. If you lose the case, you'll owe the full costs at the end. If you win, the defendant is cast with costs instead.

An approved IFP order covers the advance filing fee and service charges, removing the upfront barrier to filing. But it doesn't make litigation free — it makes it possible to start without cash in hand.

Payment Methods

Counter filing fees may be paid by cash, certified check, or credit card. Check your specific court's website or call the clerk's office to confirm accepted methods, especially if you're filing by mail.

Budgeting the Full Cost

For a straightforward case against one defendant in a City Court Small Claims Division, expect to spend roughly $65 to $100 total: $35 filing fee plus service costs. In a JP Court, budget $80 to $130. If certified mail fails and you need officer service, add another $30 to $50.

Compare that to the cost of an attorney — Louisiana lawyers typically charge $150 to $400 per hour for civil matters — and the filing fee looks modest against the alternative.

For a detailed cost breakdown and a budget worksheet, our Louisiana small claims filing guide includes a fee calculator organized by court type and parish.

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