Louisiana Small Claims Response Deadline: How to Count the 10 Days

The most dangerous thing about getting served with a small claims lawsuit in Louisiana isn't the lawsuit itself — it's the deadline. Miss the standard 10-day response window, or a trial date stated in a JP citation, and the court can enter a default judgment without hearing your side.

How the 10-Day Clock Works

For standard service, the answer period is 10 calendar days in City Court Small Claims Divisions and Justice of the Peace Courts. La. C.C.P. Art. 5059 governs how to count it. A JP case served through the Secretary of State has a 15-day answer period under Art. 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. Also, a JP citation may set a trial date under Art. 4921.1(C); if it does, appear on that date, and no answer is required unless the court orders one.

Day 0 is excluded. The day you're served doesn't count. If a sheriff hands you the citation on a Wednesday, Thursday is Day 1.

Weekends and holidays count. Every calendar day — Saturday, Sunday, state holidays — ticks off the count. You don't get to skip non-business days in the middle.

The last-day exception. If Day 10 falls on a Saturday, Sunday, or legal holiday, the deadline extends to the close of business on the next business day. This is the only built-in extension.

A Concrete Example

Suppose you're personally served in Baton Rouge on Thursday, October 15.

• October 15 (Thursday) = Day 0 — excluded
• October 16 (Friday) = Day 1
• October 17–18 (Sat–Sun) = Days 2–3
• October 19–23 (Mon–Fri) = Days 4–8
• October 24 (Saturday) = Day 9
• October 25 (Sunday) = Day 10

Day 10 falls on a Sunday, so the deadline automatically extends to Monday, October 26 at the close of the clerk's business hours.

Different Service Methods, Different Deadlines

The standard 10-day window applies to personal service (handed to you by a sheriff, marshal, or constable), domiciliary service (delivered to someone at your residence), and certified mail service (the signed return receipt counts as the service date).

On the regular civil docket of City Courts, La. C.C.P. Art. 4903 gives 15 days when citation is served through the Secretary of State. La. C.C.P. Art. 4920 gives the same 15-day answer period for JP cases served through the Secretary of State. Baton Rouge City Court's published small-claims citation also gives 15 days for Secretary-of-State service and 30 days for Long-Arm service. Separately, La. R.S. 13:3205 bars a default judgment until 30 days after proof of Long-Arm service is filed; that is a waiting period before default, not a statewide 30-day answer deadline.

What Does Not Extend the Deadline

Nothing informal pauses the clock. Specifically:

• Calling the clerk's office to discuss the case or ask for more time
• Negotiating with the plaintiff about a possible settlement
• Scheduling an appointment with a legal aid organization or attorney
• Sending an email to the court or the plaintiff's lawyer

The only mechanism that extends a response deadline is a formal written Motion for Continuance accompanied by an order signed by the judge before the original deadline expires. If you're facing a genuine emergency (hospitalization, natural disaster), file that motion immediately and get the judge's signature.

What Happens When You Miss the Deadline

In Louisiana City Courts and JP Courts, a preliminary-default step is not required under La. C.C.P. Art. 4904 and Art. 4921. A JP case set for trial in the citation under Art. 4921.1(C) cannot go to default before that date; if you miss the trial, the judge may enter a default then. In other cases, the plaintiff can seek a final default after the answer period expires by submitting proof of the debt to the judge, who can sign a final judgment — often within 72 hours.

That judgment accrues post-judgment interest at 7.50% per year (the 2026 Louisiana judicial interest rate) and can be enforced through wage garnishments, bank account seizures, and property liens.

If a default judgment has already been entered against you, you have a narrow 7-day window (exclusive of legal holidays) from when you receive notice to file a Motion for New Trial. After that, you're looking at an Action for Nullity — a separate lawsuit arguing the original judgment was procedurally defective — which is substantially harder to win.

Protect the Deadline First, Strategize Second

The deadline determines everything. If you've been served and haven't responded yet, the first step is to count the days using the rules above and file a written answer with the court clerk before that deadline expires. Strategy, evidence gathering, and legal consultations can all happen after your answer is on file.

The Louisiana Small Claims Response Guide includes a deadline calculator worksheet that walks you through the date computation for your specific service date and service method.

See more Louisiana guides →