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HOW TO SUE IN SMALL CLAIMS COURT
SIZE OF CLAIMS: Suits can
be filed for $5,000 or less, PLUS court costs, interest and attorney
fees.
KINDS OF CLAIMS: Generally,
any civil matter that could be filed in District Court can be filed
in JP Court, provided it is for damages of less than $5,000. Listed
below are some of the claims typically filed in JP Court:
- Evictions
- Worthless Checks (NSF, etc.)
- Suit on promissory note
- Suit on open account
- Claims for damages
- Contract Disputes
- Neighbor Disputes
- Landlord/Tenant disputes
- Minor car accidents where damage is under
$5,000 and no personal injury is involved.
WHEN YOU CAN USE JP SMALL CLAIMS
COURT
- When the incident, accident, work performed,
etc. occured in the district.
- When the person being sued lives in the
district. (The person filing suit does not have to live in the district).
DO I NEED A LAWYER
- The Clerk prepares pleadings and court is
informal. While many attorneys do practice in this court, most people
represent themselves.
COURT COSTS
- Set by the Legislature, JP court costs are
lower than any other court. Presently, $100 will cover filing suit,
service by the constable, your day in court and final judgment.
TO FILE SUIT
- Take all information to the JP (including
addresses of all parties). LA Law requires the JP office to prepare
your suit for your signature at no cost to you. (If you use an attorney,
he/she can prepare it for you.)
- Neither the Justice of the Peace nor her
staff can advise if you have a "good" case or whether
you should file.
- The Justice of the Peace cannot tell you
in advance of a trial and before hearing both sides how she would
rule in a given circumstance. Please do not ask.
WHAT HAPPENS AFTER I FILE?
- Constable David Wade (elected to serve this
district only) will serve the suit, using the information you provide
about the place of service. After defendants are served, they have
10 days to answer. If they do not answer, you may take a Default
Judgment on the 11th day.
TRIAL
- When trial date is set, you will be given
instructions on how to prepare for trial. Rules of evidence are
relaxed and you may present your case in your own words. You may
bring witnesses, pictures, cancelled checks, invoices, receipts,
etc.
HOW DO I COLLECT ON A JUDGMENT
- A Judgment may be satisfied through:
- Seizure and sale of certain of the Judgment
Debtor's assets.
- Garnishment of wages (you must know
where Judgment Debtor works).
- Additional court costs are involved
in the above poceedings.
THINGS A JUSTICE OF THE PEACE CANNOT
HEAR
- Any criminal matter.
- Domestic disputes (these go to family court)
- Matters involving immovable property
- Disputes involving more than $5,000
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