Small Claims Court in East Baton Rouge Parish

In East Baton Rouge Parish, Louisiana small claims cases are typically filed in the Justice of Peace Courts. There are seven courthouses spread around East Baton Rouge Parish County that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the East Baton Rouge Parish Court System.

Small Claims Court

Justice of the Peace Courts (JOP Courts) have limited authority, meaning you can only file cases there based on specific criteria like the type of relief you need, the amount in question, and the parties involved. In East Baton Rouge Parish, there are six JOP Courts located in various wards, including areas like Pride, Zachary, Baker, and Central.

These courts were established in 1980, and some regions have since been annexed by cities, allowing claims to be filed in either city or JOP Courts depending on the location. For guidance on court boundaries, you can visit the EBRP GIS portal. While JOP Courts share personal jurisdiction with the 19th Judicial District Court, they can't handle cases related to property titles, family law, or successions. They typically deal with contract disputes, minor injuries, and evictions, with a maximum claim amount of $5,000.

File a Claim

JOP Court is designed to be user-friendly, so you don't need an attorney to file a claim. You can present your case verbally, but it's common for the court to ask for written pleadings, which usually include forms like a Statement of Claim, Answer, and Petition of Eviction.

While the Justice of the Peace can’t provide legal advice, they can guide you through the filing process. It's best not to go into too much detail about your claim when speaking to them; you'll have the chance to share your evidence and testimony during the hearing.

Reasons to File a Small Claims Suit

Small claims court can address a range of issues, such as:

Money owed
Personal injury cases
Property damage
Tenant/landlord disputes
Stolen property
Auto repairs
Poor construction work
Defective products
Breaches of contract or verbal agreements

It’s best to try resolving conflicts outside of court first, but if that fails, consider filing a small claims complaint.

After filing a claim

After you file a claim, the JOP will create a Citation to go with your Statement of Claim, and the Constable will serve the other party. Once served, they have ten days to respond with an Answer or a Reconventional Demand.

If they respond and deny the claim, either side can request a hearing, and the court will schedule a trial within 45 days. If the opposing party fails to respond within the ten-day period, you can appear in court to present your evidence and seek a default judgment.

Small Claims Filing Fees

(Claims of $5,000.00 or less – LSA R.S. 13:5200 et seq.)

Small Claim Suit:
- $85.50 (1 defendant)
- $35.00 per additional defendant
Answer and/or Reconventional Demand:
- $85.50 (1 defendant)
- $35.00 per additional defendant
Transfer to Regular Court:
- $50.00
Supplemental and Amending Petition:
- $20.00 per service (excluding additional defendant)
Reissue of Statement of Claim and Citation:
- $20.00 per defendant
Small Claims Subpoena:
- $20.00 per witness
- $40.00 deposit for each law enforcement officer (R.S. 13:3662)
Reissue of Judgment:
- $20.00 per defendant

What If I Don’t Agree With The Judgment of the Court?

If you disagree with a judgment, either party can appeal within fifteen (15) days. To do this, you need to file a motion and order of appeal in the JOP Court and also submit the appeal to the Clerk of Court for the 19th Judicial District Court, along with the required court costs.

The 19th Judicial District Court will then hear the case de novo, meaning they will review it from the beginning since there is no recorded transcript from the JOP Court. Please note that there is no further appeal available from the 19th Judicial District Court.

Collect Money

In Louisiana, you have three primary methods to collect a money judgment:

Record the judgment in the mortgage records of the parish, creating a judicial mortgage on any immovable property owned by the debtor.
Garnish rights and property owed to the debtor by a third party, typically involving garnishing wages or seizing a bank account.
Seize, store, and sell non-exempt property of the debtor. The JOP can assist you with all three methods to help you collect the money award.

Garnishment

A garnishment is a method of collecting a debt where the judgment creditor seizes money or property owed to the judgment debtor that is held by another person.

Interrogatories

Interrogatories are written questions that the garnishee must answer under oath. The garnishee has 15 days from service to file sworn answers. If they fail to respond, the judgment creditor can file a motion for the unpaid judgment amount, including interest and costs.

Garnishment Judgment

A Garnishment Judgment is an order directing the garnishee to pay the judgment debtor’s wages or commissions to the Constable of Baton Rouge. The Constable’s Office handles fund disbursement; for inquiries about seized wages, contact them at 225-389-3004. Refer to the Garnishment Procedure Guidelines on their website for more details.

Paid Judgment

The judgment creditor must complete a “Satisfaction of Judgment” and file it with the court. If a lien was placed on the debtor's real property, the creditor must cancel it with the Office of the Clerk of Court and Recorder in the parish where it was filed.

Can all of my earnings (wages) be taken by garnishment?

No, only a portion of your earnings can be garnished. Consult an attorney or legal service provider for questions about income exemptions.

Garnishment Citation

Read the instructions carefully. Answer the Interrogatories under oath and in writing within 15 days, then file with the Clerk of Baton Rouge City Court.
Ensure your response is the original document, notarized, contains the original signature of your company’s representative, and provide a copy to the plaintiff or their attorney.
Failure to respond or deduct timely could result in personal liability for the employer. After receiving the Garnishment Judgment, make checks payable to: Baton Rouge City Constable
P.O. Box 1471
Baton Rouge, LA 70821

Let Squabble Help You With Your Small Claim at East Baton Rouge Parish

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at East Baton Rouge Parish small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.