Louisiana ยท Small Claims Division of a City Court

How to file a small-claims case in Louisiana

You can sue for up to $5,000 in Louisiana (exclusive of interest, court costs, attorney fees, and penalties). Here is where to file, what the deadlines are, and how to keep your case organized.

Good to know: Louisiana small claims is not a separate standalone court. It is a "Small Claims Division" that each individual city court is authorized (but not required) to establish under La. R.S. 13:5201. The division is "a court not of record" (R.S. 13:5202). Because availability and local rules vary by city court, plaintiffs must file in the city court that has territorial jurisdiction and that operates a small claims division. Justice of the Peace courts handle small civil matters separately and are not covered by the small claims division statutes (R.S. 13:5200 et seq.).

Filing your Petition / Statement of Claim filed in the Small Claims Division of the city court (the clerk then prepares the citation summoning the defendant under La. C.C.P. art. 4902). in Louisiana

  1. Confirm your claim qualifies and pick the right court. Your claim must not exceed $5,000, exclusive of interest, court costs, attorney fees, or penalties (La. R.S. 13:5202). File in the city court that has territorial jurisdiction and that has established a small claims division (La. R.S. 13:5201). Note that filing in the small claims division waives your right to appeal the judgment (La. R.S. 13:5209).
  2. Complete and file the petition / statement of claim. Prepare the small claims petition stating your claim and the amount sought (using the forms provided by your city court's small claims division). Filing the documents with payment of the required fees institutes the suit. Pleadings, citation, and procedure follow La. C.C.P. arts. 4901-4904 as incorporated by La. R.S. 13:5203.
  3. Pay the filing fee / court costs. La. R.S. 13:5205 sets a statutory cost component of $35 for each defendant; the total court cost is set by the individual court (for example, Baton Rouge City Court charges $85.50 for one defendant plus $35 per additional defendant).
  4. Citation and service on the defendant. The clerk of the small claims division prepares the citation summoning the defendant to answer (La. R.S. 13:5211; La. C.C.P. art. 4902). Service of citation or other process is by certified mail, return receipt requested (La. R.S. 13:5204).
  5. Attend the hearing. The judge conducts an informal hearing to do substantial justice between the parties; relaxed rules of evidence apply and there is no discovery (depositions, interrogatories) in the small claims division (La. R.S. 13:5203).

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Key Louisiana deadlines

Case typeDeadline to file
Written contract (La. Civ. Code art. 3499)10 years
Open account or debt (La. Civ. Code art. 3494)3 years
Property damage (La. Civ. Code art. 3493.1)2 years
Personal injury (La. Civ. Code art. 3492)2 years

Answering a lawsuit: 10 days after service of citation (15 days if the citation is served through the secretary of state)

Serving the defendant: Service of citation or other process is by certified mail, return receipt requested; the signed return is treated as personal service. The clerk of the small claims division prepares and sends the citation to the defendant.

Appeals: There is no appeal from a small claims judgment. By filing the complaint in the small claims division, the PLAINTIFF is deemed to have waived the right to appeal (unless the case is removed or transferred to the ordinary civil docket). The DEFENDANT likewise waives appeal unless, within the time allowed to answer, the defendant files a written motion to remove the action to the ordinary civil docket (which is granted automatically). Anyone who wants to preserve the right to appeal must keep the case off the small claims division docket.

Louisiana small-claims forms

Official Louisiana forms, free from the court.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Louisiana State Legislature - La. R.S. 13:5202 (Jurisdiction / $5,000 limit). Last reviewed 2026-06-23.