How do I file a small claims case in Louisiana to get money someone owes me?
In Louisiana, many courts use a small claims program that starts when a plaintiff files an affidavit stating the demand and pays a filing fee. The program generally emphasizes informal resolution and may use an online dispute resolution pilot, with settlement efforts before a trial de novo. If settlement fails, the case is usually set for trial in the small claims division or transferred to a regular civil docket.
Courts commonly require a filing fee and specific service methods, and clerks or facilitators typically help with procedural questions and evidence identification, though they do not give legal advice. A filled claim form and an evidence checklist are often the next step in preparing a case for filing and resolution under the program.
Current Louisiana law
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The deadline that matters
Register in the small claims program or file an exemption within 10 days of filing the affidavit of claim.
What Louisiana law says
The law provides that small claims in participating courts are initiated by affidavit of claim, which must include contact information and requires registration in the program within ten days of filing under La. Rev. Stat. § 13:5216. Service is generally by certified mail, return receipt requested, and the affidavit must include a notice about the small claims program and the right to seek an exemption or transfer within ten days under La. Rev. Stat. § 13:5217. If the dispute is not resolved in the program, the facilitator notifies the clerk to set the matter for trial de novo and the clerk prepares and serves citation as provided in La. Rev. Stat. § 13:5224. Filing fees are established for small claims filings, commonly a thirty-five dollar fee per defendant, with limited additional fees for extra service or subpoenas under La. Rev. Stat. § 13:5205 (and similar provisions appear in La. Rev. Stat. § 13:5218 for affidavit claims in the pilot program).
What to do
A common first step is to complete a filled claim form and prepare an evidence checklist documenting the money owed.
A common next step is to file the affidavit of claim and pay the required filing fee, usually calculated per defendant.
A common step is to provide accurate contact information and register in the program within ten days of filing, or file a timely exemption request if hardship applies.
A common option is to use the facilitator or clerk to learn about procedural questions and what evidence to bring to a settlement session or trial.
If the claim is not settled, a typical next step is having the facilitator end the program so the clerk sets the matter for a trial de novo.
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Common questions
How much does it cost to file a small claims case?
The statutes generally call for a filing fee of thirty-five dollars per defendant, with limited additional fees for extra service or subpoenas under La. Rev. Stat. § 13:5205 and La. Rev. Stat. § 13:5218.
How is the defendant served in a small claims affidavit case?
Service is generally made by certified mail, return receipt requested, and the affidavit must include a notice about the program and available exemptions or transfer options under La. Rev. Stat. § 13:5217.
What happens if we do not settle in the small claims program?
If the parties do not settle, the facilitator terminates the program and the clerk sets the matter for a trial de novo; the clerk prepares and serves citation and may help with procedural questions under La. Rev. Stat. § 13:5224.
Can costs be waived if I cannot afford the filing fee?
Costs may be waived for an indigent party who complies with the applicable Louisiana Code of Civil Procedure articles as noted in the fee provisions of the statutes, for example La. Rev. Stat. § 13:5205.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
