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Unpaid invoice in Louisiana small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

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).

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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.

Deadline that applies to your unpaid invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

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.

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.