A Small Claim

A city court may set up a small claims division, which hears civil cases where the amount in dispute is not more than $5,000, not counting interest, costs, attorney fees or penalties. It exists so people can bring and defend these cases themselves.

• §La. R.S. 13:5200StatuteDeclaration of purposeOpens legis.la.gov ↗
• §La. R.S. 13:5201StatuteSmall claims divisionsOpens legis.la.gov ↗
• §La. R.S. 13:5202StatuteJurisdictionOpens legis.la.gov ↗

• The technical rules of evidence are relaxed, and hearsay may be admitted if the judge finds it reliable.
• There are no depositions, interrogatories or other discovery.
• The judge develops the facts, may question witnesses, and may raise defenses or claims a party did not know of.
• A judgment becomes final three days after it is signed or notice is mailed, unless a new trial is asked for, and the judge may order payments in installments.

• §La. R.S. 13:5203StatutePleadings; citation; procedure; evidence; substantive law; depositionsOpens legis.la.gov ↗
• §La. R.S. 13:5208StatuteJudge's role; judgment; new trial; stay; installment payments; enforcementOpens legis.la.gov ↗

Filing costs $35 for each defendant, with no other costs before judgment while the case stays in the division, and an indigent party may have costs waived. A justice of the peace court also hears civil cases up to $5,000, alongside the district court.

• §La. R.S. 13:5205StatuteFeesOpens legis.la.gov ↗
• §La. C.C.P. art. 4911StatuteJurisdiction in justice of the peace courts; concurrent with district court; amount in disputeOpens legis.la.gov ↗