Louisiana Small Claims Court: $5,000 Limit, Fees and How to File

Louisiana does not have one statewide small claims court. A city court may set up a small claims division by court rule (La. R.S. 13:5201), and where one exists it hears claims that do "not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties" (R.S. 13:5202, as amended by Acts 2020, No. 205, effective June 11, 2020). Justice of the peace courts hear civil cases up to the same $5,000 under Code of Civil Procedure art. 4911.

The two forums have different fees and very different appeal rights, so which one you use matters. This guide walks through both; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims divisions of Louisiana city courts under La. R.S. 13:5200 to 13:5212 and civil cases in justice of the peace courts under Code of Civil Procedure arts. 4911 to 4925 and R.S. 13:2590. It does not cover evictions, cases on the ordinary civil docket of a city, parish or district court, or small claims in other states.

Two courts for small claims in Louisiana

City court small claims divisions are staffed by the city court's judges and clerks, and an attorney appointed by the judges may serve as arbitrator. East St. Tammany City Court is a special case: its small claims jurisdiction matches the justice of the peace limit, and parties go through the Louisiana Supreme Court's online dispute resolution pilot (R.S. 13:5213 and following).

Because availability is court by court, call your city court clerk to ask whether it has a small claims division. The Law Library of Louisiana keeps a guide to civil cases in justice of the peace court.

The $5,000 limit and what happens to the rest

Both forums stop at $5,000. In a justice of the peace court, the amount in dispute is what the plaintiff demands or values the claim at in good faith, not counting interest, court costs, attorney fees or penalties. If a good-faith amended pleading or incidental demand pushes the case over the limit, the court must transfer the action (C.C.P. art. 4911).

Cutting a claim down to fit has a permanent cost. Code of Civil Procedure art. 5 says that when a plaintiff reduces a claim on a single cause of action to bring it within a court's jurisdiction and gets a judgment, "he remits the portion of his claim for which he did not pray for judgment, and is precluded thereafter from demanding it judicially." The articles we reviewed do not separately address splitting one claim into several suits, so do not plan on it.

There is no statewide cap on how many small claims you can file in a year, but "Each court may by court rule establish mass filing limitations on all parties filing claims in the small claims divisions" (R.S. 13:5202(D)). Check your city court's rules if you file often.

2026 bills to raise the justice of the peace limit did not pass

Two 2026 Regular Session bills would have raised the justice of the peace limit. Both were still in the House Judiciary Committee when the session ended on June 1, 2026, so neither became law.

• HB 1004 would have raised the limit in C.C.P. art. 4911(A) from $5,000 to $10,000. The legislature's bill page shows its last status as "Pending House Judiciary," considered April 28, 2026.
• HB 1147 would have added art. 4911(D), raising the limit to $8,000 in parishes with fewer than 26,000 people, except parishes that have a municipal, city or parish court. Its last status was also "Pending House Judiciary," considered April 29, 2026.

The live text of art. 4911 still says $5,000 and shows no 2026 amendment.

What you cannot bring in small claims

A city court small claims division cannot hear class actions, summary proceedings or executory proceedings, cannot issue injunctions or restraining orders except to arrest its own writ, and allows no more than 10 plaintiffs in one case (R.S. 13:5202). "The provisions of this Part shall not apply to agencies of the state" (R.S. 13:5210).

A justice of the peace court cannot hear cases involving title to immovable property, a right to public office, constitutional-rights suits, family and support matters, successions, executory proceedings or in rem proceedings. It cannot hear any case in which the state, a parish, a municipality or another political corporation is the defendant (C.C.P. art. 4913), and it cannot issue injunctions except to arrest its own writ or enforce its own judgment. Justice of the peace courts also hear evictions and suits over possession or ownership of movable property worth up to $5,000; evictions are outside this guide, but our Louisiana landlord-tenant laws guide covers them.

Filing fees

City court small claims division. You pay "a fee of thirty-five dollars for each party made defendant" (R.S. 13:5205). It goes to the judge in place of all other fees, and no other prejudgment costs are charged while the case stays in small claims, apart from costs under R.S. 13:10.3. The court may charge up to $20 for each additional service if you amend your suit and up to $20 per subpoena. Service on the Secretary of State costs nothing extra.

Justice of the peace court. R.S. 13:2590(A), last amended by Acts 2023, No. 61, lets a justice of the peace "demand and receive up to" these amounts. The actual fee is set by the individual justice of the peace.

Half of these costs go to the justice of the peace and half to the ward constable's office. A justice of the peace may demand costs in advance unless you have pauper status. East Baton Rouge and Jefferson Parish justice of the peace courts charge additional fees under R.S. 13:2590.1.

Fee waiver. In either forum, "Costs may be waived for an indigent party who complies with the provisions of Articles 5181 through 5188" of the Code of Civil Procedure (R.S. 13:5205(B)). Ask the clerk for the forms.

Lawyers

You do not need a lawyer, and nothing we reviewed bars one. In a city court small claims division, "The court may by local rule limit the role of attorneys in small claims division proceedings" (R.S. 13:5208(A)). The City of Baton Rouge's small claims page says, "An attorney is not required." We did not find a rule on who may represent a business or LLC, so ask the court before sending an employee.

Where to file

In justice of the peace court, the general venue rules of Code of Civil Procedure arts. 41 to 45 and 71 to 79 apply, with "parish" read as the court's territorial jurisdiction (C.C.P. art. 4916). We did not locate a separate venue rule for city court small claims divisions; ask the city court clerk whether your case belongs in its territory.

Serving the defendant

In a city court small claims division, "Service of citation or other process shall be by certified mail, with return receipt requested" (R.S. 13:5204). If the receipt does not come back, if you pay the service charge and ask, or if a local rule requires it, service can be made under the Code of Civil Procedure by a sheriff, marshal or constable. A receipt signed by the defendant counts as personal service; one signed by someone else, or a letter refused or unclaimed, counts as domiciliary service.

The citation must warn the defendant that there is no right to appeal and that the defendant may have the case transferred to the regular civil court within 10 days of receiving the letter, by written notice and payment of a fee.

In justice of the peace court, the citation issues under C.C.P. art. 4919. In Baton Rouge, for example, the justice of the peace prepares the citation and the constable serves it.

If you are the defendant

You must answer within 10 days after service, or 15 days if you were served through the Secretary of State, or risk a default judgment (C.C.P. arts. 4903 and 4920).

• Move the case to the regular docket: in a city court small claims division, you can file a written motion to remove the case to the ordinary civil docket within the time to answer, and it is granted forthwith (R.S. 13:5209(B)). This is the only way for a defendant to keep a right to appeal (R.S. 13:5209(B)).
• Counterclaim (reconventional demand): one within $5,000 can be heard in small claims. If yours exceeds $5,000, you can file it before trial in a court with jurisdiction, with an affidavit and a $10 transmittal fee plus prescribed costs, and the small claims case is transferred and consolidated with it (R.S. 13:5206). Acts 2026, No. 127 reworded this section without changing the $5,000 threshold.
• Old debts: when an assignee of an open account or promissory note seeks a default judgment, the court may raise prescription on its own (C.C.P. arts. 4904 and 4921). Check the Louisiana statute of limitations for the deadline that applies.

If you do not answer or appear, the plaintiff can get a default judgment by proving a prima facie case with competent and admissible evidence, and on an open account or note that proof can be by affidavit. Before any default judgment, federal law requires the plaintiff to file an affidavit stating whether the defendant is in military service (50 U.S.C. 3931).

The hearing

City court small claims hearings are informal. The judge works to develop all of the facts, may take testimony, raise defenses, summon any party as a witness and try to bring the parties to a settlement (R.S. 13:5203 and 13:5208(A)). Under R.S. 13:5203, "The technical rules of evidence are relaxed, and all relevant evidence is admissible, including hearsay," if the judge is satisfied it is generally reliable, and the judgment must rest on competent evidence.

There are no depositions, interrogatories or other discovery, so bring every document and witness you need. The clerk can answer procedural questions but cannot give legal advice. The statute does not set a time to trial; the Baton Rouge justice of the peace page says a contested case is set for trial within 45 days of the request.

Arbitration. The judge may refer a case to an attorney-arbitrator if both sides agree to be bound (R.S. 13:5207). Either side can request arbitration, and the other has 10 days to object in writing (R.S. 13:5207.1). The parties pay the arbitration costs, and the arbitrator's decision is final and binding.

Appeals and new trials

City court small claims division. A plaintiff who files in a small claims division waives the right to appeal unless the case is removed to the ordinary docket or transferred because of a reconventional demand over $5,000 (R.S. 13:5209(A) and 13:5206). A defendant waives appeal too, unless he moved the case to the ordinary docket within the time to answer. If the case was removed, the ordinary-docket judgment can be appealed within 10 days of the judgment or notice of judgment (C.C.P. art. 5002).

The judgment becomes final and executory three days after it is signed, or after notice is mailed if notice is required, unless a motion for new trial is filed or execution is stayed (R.S. 13:5208(B)). For other city and parish court judgments, the delay to apply for a new trial is seven days, exclusive of legal holidays (C.C.P. art. 4907).

Justice of the peace court. Either party may appeal by filing a suit for a trial de novo in the parish court, or in the district court if the parish has no parish court. It must be filed "within fifteen days from the date of the judgment or from the service of notice of judgment" (C.C.P. art. 4925), and a copy goes to every party and to the justice of the peace court. The new suit is not limited to $5,000, and there is no further appeal from its judgment, though the court of appeal may exercise supervisory jurisdiction (C.C.P. art. 4924). A timely motion for new trial restarts the clock the day after it is denied.

Collecting your judgment

Winning does not mean you will be paid, and the court does not collect for you. In a city court small claims case, the judge may look into a party's finances, stay execution and order installment payments; an unexcused missed installment ends the stay (R.S. 13:5208(D)).

The collection tools are those of the Code of Civil Procedure: garnishment, seizure and sale of property, and a judicial mortgage on real estate. Justice of the peace courts issue writs of fieri facias, garnishments and judgment debtor rules, within the fee ceilings above. Federal law limits wage garnishment for ordinary debts to the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum hourly wage each week (15 U.S.C. 1673(a)), and Social Security benefits cannot be garnished (42 U.S.C. 407(a)). For Louisiana's own exemptions, see Louisiana debt collection laws.

A money judgment "is prescribed by the lapse of ten years from its signing if no appeal has been taken" (Civil Code art. 3501), and it can be revived before then under C.C.P. art. 2031.

Judgments earn judicial interest at a rate the Commissioner of Financial Institutions sets each year: the Federal Reserve discount rate on the first business day of October plus 3.25 percentage points, applied for the following calendar year (R.S. 13:4202(B)(1)). The rate for 2026 is 7.50% per year, according to the Office of Financial Institutions; the 2027 rate is set in October 2026.

Official resources

• Small Claims Procedures, La. R.S. 13:5200 and following on the Louisiana legislature's site
• Code of Civil Procedure art. 4911 (justice of the peace jurisdiction)
• Law Library of Louisiana: justice of the peace civil cases
• City of Baton Rouge small claims page (one local justice of the peace example)

We did not find a statewide small claims handbook or claim form; forms come from the individual city court or justice of the peace.

Related

• Small claims court by state
• Louisiana statute of limitations
• Louisiana debt collection laws
• Louisiana landlord-tenant laws
• Texas small claims court
• Mississippi small claims court

Disclaimer: This article provides general legal information about small claims divisions of Louisiana city courts under La. R.S. 13:5200 to 13:5212 and civil cases in justice of the peace courts under Code of Civil Procedure arts. 4911 to 4925, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact your city court clerk or justice of the peace, a legal aid office, or a lawyer licensed in Louisiana.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Louisiana?

$5,000. City court small claims divisions hear claims up to $5,000 exclusive of interest, court costs, attorney fees or penalties (R.S. 13:5202), and justice of the peace courts have the same $5,000 civil limit (C.C.P. art. 4911).

Can I sue for more than $5,000 in small claims in Louisiana?

Not in small claims. If you reduce a larger claim to fit and get a judgment, C.C.P. art. 5 says you are precluded from demanding the rest later, so a bigger claim belongs in a court with higher jurisdiction.

How much does it cost to file small claims in Louisiana?

In a city court small claims division, the fee is $35 for each defendant (R.S. 13:5205). In justice of the peace court, the statute allows up to $130 for a new suit plus $20 per additional defendant, and each justice of the peace sets the actual fee (R.S. 13:2590).

Can I appeal a Louisiana small claims judgment?

Not from a city court small claims division: the plaintiff waives appeal by filing unless the case is removed or transferred because of a counterclaim over $5,000, and the defendant waives it unless he files a written motion to move the case to the ordinary docket within the time to answer (R.S. 13:5209). Justice of the peace judgments can be appealed by a new suit for trial de novo within 15 days (C.C.P. art. 4925).

How long does a defendant have to answer a small claims suit in Louisiana?

10 days after service, or 15 days if served through the Secretary of State (C.C.P. arts. 4903 and 4920). Missing the deadline can lead to a default judgment.

Do I need a lawyer for small claims court in Louisiana?

No. Lawyers are allowed, but a city court may limit their role by local rule (R.S. 13:5208(A)), and the City of Baton Rouge small claims page says an attorney is not required.

Can I sue the state or a city in Louisiana small claims court?

No. The city court small claims procedures do not apply to agencies of the state (R.S. 13:5210), and a justice of the peace court cannot hear a case where the state, a parish, a municipality or another political corporation is the defendant (C.C.P. art. 4913).

Are the rules of evidence used in Louisiana small claims court?

They are relaxed. Under R.S. 13:5203, all relevant evidence, including hearsay, is admissible if the judge is satisfied it is generally reliable, but the judgment must rest on competent evidence.

How long is a Louisiana judgment good for?

A money judgment prescribes 10 years from its signing if no appeal was taken (Civil Code art. 3501), and it can be revived before then under C.C.P. art. 2031.