Sue an Unpaid Contractor in Louisiana Small Claims Court

When a Contractor Takes the Money and Disappears

You paid a $3,000 deposit for a deck build, a bathroom renovation, or a roof repair — and the contractor stopped returning calls. Maybe they did partial work that's worse than what you started with. Either way, you're out money and need it back.

If the amount is $5,000 or less, Louisiana small claims court is built for exactly this situation. Filing fees start at $35 in a City Court Small Claims Division, the process is informal, and you don't need a lawyer.

Step 1: Identify the Right Defendant

This is where contractor cases get tricky. You can't sue a trade name like "Dave's Decks" — you need the legal entity behind it. Search the Louisiana Secretary of State geauxBIZ database for the contractor's business name. If they're registered as an LLC or corporation, name that entity in your petition. If there's no registration, they're operating as a sole proprietor — name the individual personally (e.g., "David Jones d/b/a Dave's Decks").

While you're at it, check the Louisiana State Licensing Board for Contractors (LSLBC). Licensing and registration depend on project type and value. For example, home improvement projects over $7,500 and up to $50,000 require registration or licensure; commercial and residential contractor thresholds differ. A contractor who skips a required license or registration may be violating board rules.

Step 2: Check Your Prescription Deadline

How long you have to file depends on the legal basis of your claim:

• Written or oral contract: 10 years under La. C.C. art. 3499 unless a shorter period applies
• Open account or services claim: 3 years under La. C.C. art. 3494
• Property damage caused by the contractor's work: 2 years for tort claims arising after July 1, 2024 (La. C.C. art. 3493.1)

The period depends on how the claim is classified; an oral agreement is not automatically a 3-year open account. But don't wait. Evidence gets stale, text messages get deleted, and contractors move.

Step 3: Send a Certified Demand Letter

Louisiana doesn't require a pre-suit demand for breach of contract cases, but sending one via certified mail serves two purposes: it sometimes shakes loose a settlement without court, and it becomes evidence of the contractor's refusal to pay.

State the facts (the contract, the amount paid, the work not performed), demand a specific dollar amount by a specific date, and note that you'll file a small claims case if the deadline passes. Keep the green return receipt card — you'll bring it to the hearing.

Step 4: File in the Right Court

Venue is generally the parish where the defendant lives or has their registered office, or where the contract was executed or was to be performed. If the contractor was supposed to build a deck at your house in Jefferson Parish but lives in East Baton Rouge, you may be able to file in either parish.

For claims of $5,000 or less, file in the City Court Small Claims Division (if one exists in the relevant city) or the Justice of the Peace Court for the ward. Small Claims Division fees are $35 per defendant; JP Court fees run $50 to $80.

Step 5: Gather Your Evidence

Contractor cases are won on documentation. Bring:

• The written contract or written estimate (if you have one)
• Proof of payment: cancelled checks, bank transfers, Venmo/Zelle receipts, cash receipt signed by the contractor
• Text messages and emails showing the contractor's promises and your attempts to get work done or money back
• Photographs of any unfinished or defective work (dated, showing the current state)
• Two written repair estimates from other contractors to fix or complete the work
• Your certified demand letter and the green return card

If you only had an oral agreement, your text messages and payment receipts become your contract evidence. Screenshot everything with visible dates and print it out.

What to Expect at the Hearing

The judge will ask you to explain what happened and present your evidence. Small claims hearings in Louisiana are informal under La. R.S. 13:5208 — no technical rules of evidence, no need for legal jargon. Tell the story plainly: what was agreed, what was paid, what wasn't done, and what it'll cost to fix.

If the contractor doesn't show up (which happens often in these cases), you can request a default judgment. You still need to present enough evidence to prove the claim.

One redditor on r/NewOrleans who went through this process described it as "super easy and only costs a little over $100. I got my money in less than 2 months." Your mileage will vary, but the process is designed to be accessible.

For a step-by-step walkthrough including service tracking, evidence organization worksheets, and a deadline calendar, our Louisiana small claims filing guide covers the entire filing process.

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