Louisiana · Unpaid personal loan
Unpaid personal loan in Louisiana small claims
Friend or family owes you money? Recover it in small claims.
Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.
In Louisiana, small-claims cases are heard in the Small Claims Division of a City Court and you can sue for up to $5,000 (exclusive of interest, court costs, attorney fees, and penalties).
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.).
Unpaid personal loan: steps that matter
- Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
- Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
- Send a written demand for repayment with a clear deadline and keep proof you sent it.
- Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
- File in the court where the defendant lives or where the loan was agreed to.
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
- 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).
- 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.
- 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).
- 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).
- 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.
Deadline that applies to your unpaid personal loan
A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.
Written contract: 10 years (La. Civ. Code art. 3499)
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.
All Louisiana small-claims deadlines
The table below lists the filing deadlines Small Claims Division of a City Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| 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 |
Louisiana small-claims forms for your unpaid personal loan case
These forms are published by the Small Claims Division of a City Court. Download and complete them before filing.
- Small Claims Petition (Shreveport City Court): The initiating document a plaintiff files to start a small claims suit (example official city court form; each city court provides its own version).
- Statement of Claim (Shreveport City Court): Sets out the details and amount of the plaintiff's claim, filed with the petition.
- Servicemember Civil Relief Act Affidavit (Shreveport City Court): Affidavit regarding the defendant's military status, required before a default/judgment can be entered.
- Small Claims Booklet / Instructions (Shreveport City Court): Official step-by-step instructions for filing and pursuing a small claims case in the city court small claims division.
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.