Sue for an Unpaid Invoice in Louisiana Small Claims Court

Open Account Claims in Louisiana

When a client won't pay an invoice — for design work, consulting, repairs, catering, or any service rendered — La. R.S. 9:2781 defines an open account to include any account with a past-due balance, whether it arose from one transaction or several, and includes professional-service debts.

The key statute is La. R.S. 9:2781, and it gives creditors a powerful tool: send a written demand that correctly states the amount owed, allow the statutory period, and you may recover reasonable attorney fees if judgment is rendered in your favor.

The 30-Day Demand for Attorney Fees

To claim statutory attorney fees, the debtor must fail to pay within 30 days after a pre-suit written demand is sent, and judgment must be rendered in your favor. Citation and service of your petition also count as written demand; after service, the debtor can pay without attorney fees within 10 days in city court or 15 days in other courts. A useful demand letter includes:

• The amount owed correctly stated, with itemized invoices as supporting detail
• A clear demand for payment
• Notice that you'll pursue legal action if payment isn't received

For a pre-suit demand, give the debtor 30 days from the date the demand is sent to pay. Certified mail is not required; La. R.S. 9:2781 permits first-class mail to the debtor's last known address, and receipt is not required. Keep a copy of the demand and a record of when you sent it.

If the debtor pays the account within 30 days after the demand is sent, the statutory attorney-fee trigger does not apply. If the debtor does not pay and judgment is rendered in your favor, La. R.S. 9:2781 provides for reasonable attorney fees on top of the judgment amount.

If you do not send a separate pre-suit demand, citation and service of the petition can serve as written demand; the debtor can pay without attorney fees within 10 days in city court or 15 days in other courts.

Prescription: You Have 3 Years

Unpaid invoice claims fall under the 3-year prescriptive period for open accounts in La. C.C. art. 3494(4). The clock starts on the date payment became due — typically the invoice due date or the last payment made on an ongoing account.

If the debtor made a partial payment six months ago, the 3-year clock arguably restarted from that date. If the invoice has been outstanding for over three years with no payment activity, your claim may be prescribed (time-barred).

Filing the Case

For invoices of $5,000 or less, file in a City Court Small Claims Division ($35 per defendant) or a Justice of the Peace Court ($50–$80). Venue is the parish where the defendant resides, has their registered office, or where the contract was to be performed.

Use the court's Statement of Claim on Open Account form if available. Include the itemized invoice, any separate demand letter and a record of when it was sent, proof of service, and any written agreement or email confirming the work.

Preparing Your Evidence

Open account claims in Louisiana have a streamlined evidence path. At the hearing, you'll typically need:

• The original invoices with dates, descriptions, and amounts
• Proof of delivery or completion: emails acknowledging the work, delivery receipts, project files, signed work orders
• The La. R.S. 9:2781 demand letter, if you sent one, and a record of when it was sent
• Payment history: any partial payments received, showing the outstanding balance
• The contract or engagement email: anything that documents the agreed scope and pricing

Getting a Default Judgment

If the debtor ignores both your demand letter and the court summons, you can request a default judgment. For open account claims, this requires submitting a sworn affidavit of correctness — a notarized statement that the itemized invoices are true and correct — along with your supporting documents. The court can then enter judgment without a hearing.

This is common in small business collection cases. The debtor ghosted your invoices and is unlikely to show up in court either.

Collecting After You Win

A judgment is a court order, not a check. If the debtor still doesn't pay, you can pursue wage garnishment (filed through the court, served on their employer), bank account garnishment, or a judgment debtor examination where the court compels the debtor to disclose their assets under oath.

For a structured walkthrough of the open account demand process, evidence preparation, and filing steps, our Louisiana small claims filing guide includes worksheets for each stage of the process.

See more Louisiana guides →