Small Claims Court in Jefferson County

In Jefferson Parish, Louisiana small claims cases are typically filed in the Justice of Peace Courts. Each township in Jefferson Parish has its own Justice of Peace Court that handles small claims cases. There are two courthouses spread around Orleans Parish 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 Jefferson Parish Court System.

Small Claims Court

Justice of the Peace (JOP) Courts in Jefferson Parish deal with certain types of cases, but only up to a certain point. They’re meant for smaller disputes, like disagreements over contracts, minor injuries, or eviction issues, with a maximum claim of $5,000. However, they don't handle cases involving property titles, family law matters, or estates (successions).

File a Claim

Justice of the Peace (JOP) Courts are designed to be simple and easy to navigate, so you don’t need a lawyer to file a claim. You can explain your case in person, but the court might still ask for some written documents, like a Statement of Claim, an Answer, or a Petition for Eviction. These forms help lay out the basics of your case.

Although the Justice of the Peace can’t provide legal advice, they can assist you in understanding the filing process to make sure you're on the right path. When speaking with the court, keep your explanations brief—you’ll have plenty of time to present your evidence and share your story at the hearing.

Reasons to File a Small Claims Suit

Small claims court is a great option for resolving many everyday disputes, such as:

• Money owed
• Personal injury claims
• Property damage
• Tenant/landlord issues
• Stolen property
• Problems with auto repairs
• Poor construction work
• Defective products
• Breaches of contracts or verbal agreements

Before you file a claim, it's a good idea to try to settle the issue directly with the other party. If that doesn't work, small claims court offers a simple and effective way to seek justice.

After filing a claim

After you file your claim, the Justice of the Peace (JOP) will prepare a Citation to go along with your Statement of Claim. The Constable will then serve these documents to the other party. Once served, they have ten days to respond by filing either an Answer or a Reconventional Demand (a counterclaim).

If the other party responds and denies your claim, either party can request a hearing, and the court will schedule a trial, typically within 45 days.

If the other party doesn't respond within the ten-day deadline, you can go to court, present your evidence, and ask for a default judgment in your favor.

Small Claims Filing Fees

In small claims court, the maximum amount you can sue for is $5,000. Here are the costs associated with filing a small claims petition:

• Filing Fee: $115.50 per defendant (payable by cash or check only).
• Service Fee: $20.00 for service by the Constable in Algiers (zip codes 70131 or 70114).

If the other party needs to be served outside of Algiers, the service fee may be higher. For the exact cost, you can contact the Constable’s office at (504) 598-5365.

Be aware that there may be additional filing or service fees as your case progresses, especially if you submit documents that need to be formally served.

Don’t Agree With The Judgment of the Court

If you disagree with a judgment in the Justice of the Peace (JOP) Court, you have the right to appeal. However, you must file your appeal within 15 days of the judgment. Here’s how the process works:

1. File a Motion and Order of Appeal: Submit this to the JOP Court to begin the appeal process.
2. Submit the Appeal to the Clerk of Court: File it with the Clerk of Court for the 19th Judicial District Court and pay any required court costs.

The 19th Judicial District Court will hear your case de novo, meaning they’ll review the case from the beginning, without considering the JOP Court’s decision, since there is no transcript of the original hearing.

Keep in mind that once the 19th Judicial District Court makes its decision, there is no option for further appeal.

Collect Money

In Louisiana, there are three main ways to collect a money judgment:

1. Record the Judgment: You can file your judgment in the parish’s mortgage records. This creates a judicial mortgage, which places a lien on any real estate (immovable property) the debtor owns.
2. Garnishment: You can garnish money owed to the debtor by a third party, like their employer (for wages) or their bank (for account funds).
3. Seize and Sell Property: You can seize the debtor's non-exempt property, store it, and sell it to recover the money owed.

The Justice of the Peace (JOP) can assist with all three methods, guiding you through the necessary steps to enforce your judgment and collect what you're owed.

Garnishment

A garnishment is a way to collect a debt by taking money or property that belongs to the judgment debtor but is held by someone else. For example, this could involve garnishing wages from the debtor’s employer or funds from their bank account. It's a common tool used by judgment creditors to enforce a court order and recover what they’re owed. Essentially, the creditor can have a third party—like an employer or bank—hand over the debtor’s money to satisfy the debt.

Interrogatories

Interrogatories are written questions that the garnishee (the person or entity holding the debtor's money or property) must answer under oath. After being served, the garnishee has 15 days to provide their sworn responses. If the garnishee fails to respond within this time frame, the judgment creditor can file a motion asking the court to hold the garnishee responsible for the unpaid judgment amount, along with any interest and costs that have accumulated. This helps ensure compliance and strengthens the enforcement of the judgment.

Garnishment Judgment

A Garnishment Judgment is a court order that directs the garnishee, such as the debtor’s employer, to pay the debtor's wages or commissions directly to the Constable of Baton Rouge. The Constable’s Office is then responsible for managing the distribution of those funds. If you have questions about seized wages or need more information, you can contact the Constable’s Office at 225-389-3004. For detailed instructions on the garnishment process, refer to the Garnishment Procedure Guidelines available on their website.

Paid Judgment

• Once the judgment is fully paid or satisfied, the judgment creditor must complete a “Satisfaction of Judgment” form and file it with the court. This document confirms that the debt has been settled.
• If a lien was placed on the debtor’s real property (immovable property), the creditor must also cancel the lien by filing the appropriate paperwork with the Office of the Clerk of Court and Recorder in the parish where the lien was originally recorded. This ensures that the lien is officially removed from the property records.
• It’s important to note that not all of your earnings can be taken by garnishment. Only a portion of your wages is subject to garnishment, and the amount that can be garnished is typically limited by law to protect your basic living expenses.
• If you have questions about income exemptions or want to understand how much of your earnings can be garnished, it's a good idea to consult with an attorney or legal service provider. They can help clarify the rules that apply to your specific situation.

Collect Judgment

Here’s a summary of important details about small claims court:

• No Right to Appeal: Once a judgment is made in small claims court, there is no appeal process. However, either party can request to transfer the case to the regular court docket by filing a Motion to Transfer, which costs $311.
• Collection Responsibility: If you win your judgment, the responsibility of collecting the debt falls on you. The Clerk's office can assist, but if the debtor is unemployed, doesn't own property, or receives government assistance, collecting the judgment may be difficult. Once the judgment is made, it’s final with no option for appeal.
• Filing In Forma Pauperis (IFP): If approved to file in forma pauperis, you can defer court costs and fees until the end of the case. However, even if you win, you might still be required to pay court costs, which will be deducted from your award.
• Limit on Claims: You can only file a maximum of six (6) small claims per year.
• Filing Fee: The fee to file a small claim is $115 for each defendant. For a husband and wife, they count as two separate defendants.
• Additional Costs: Along with the Clerk’s fee, you’ll need to pay the Constable’s office for any required services.
• Important: Carefully consider whether it's worth your time and money to pursue a small claims case, as there are no refunds if you decide not to proceed.

Let Squabble Help You With Your Small Claim at Jefferson 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 Jefferson 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.

Courthouse Locations:

1. First Parish Court

924 David Dr.
Metairie LA 70003
(504) 736-8391
https://www.jeffparishcourts.com/Home/FPCMain?Length=4

BUILDING HOURS

• Monday – Thursday 8:30 a.m. – 6:00 p.m. and Friday 8:30 a.m. – 4:30 pm, except court holidays

2. Second Parish Court

100 Huey P. Long Ave.
Gretna 70053
(504) 364-2932
https://www.jeffparishcourts.com/Home/SPCMain?Length=4

BUILDING HOURS

• Monday – Friday 8:30 a.m. – 4:30 p.m., except court holidays.