Small Claims Court in Orleans Parish

In Orleans Parish, Louisiana small claims cases are typically filed in the Justice of Peace Courts. Each township in Orleans 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 Orleans Parish Court System.

Small Claims Court

Justice of the Peace (JOP) Courts in Orleans Parish handle specific types of cases but only within certain limits. These courts are designed for smaller disputes, such as contract disagreements, minor injuries, and evictions, with a maximum claim amount of $5,000. They can’t take on cases about property titles, family law, or estates (successions).

File a Claim

Justice of the Peace (JOP) Courts are designed to be simple and user-friendly, so you don’t need an attorney to file a claim. You can explain your case verbally, but the court may still ask for written documents, such as a Statement of Claim, an Answer, or a Petition for Eviction. These forms help outline the basics of your case.

While the Justice of the Peace can’t give legal advice, they can help guide you through the filing process to ensure you’re on the right track. When discussing your case with them, keep it brief—you’ll have plenty of time to present your evidence and tell your story during the hearing.

Reasons to File a Small Claims

Small claims court is a helpful option for resolving many everyday disputes, including:

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

Before filing a claim, it’s a good idea to try settling the issue directly with the other party. If those efforts don’t work, small claims court can be a straightforward 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 deliver these documents to the other party. Once they’re 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 of you can ask for a hearing, and the court will set a trial date, usually within 45 days.

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

Small Claims Filing Fees

In small claims court, the maximum amount you can sue for is $5,000. The costs to file a small claims petition are:

• 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 will be higher. To find out the exact cost, contact the Constable’s office at (504) 598-5365. Keep in mind there could be additional filing fees or service fees as your case progresses, especially if you submit documents that require formal service.

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. 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 start the appeal process.
2. Submit the Appeal to the Clerk of Court: You’ll need to file it with the Clerk of Court for the 19th Judicial District Court and pay the required court costs.

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

It’s important to note 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 record your judgment in the mortgage records of the parish. 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, such as wages from their employer or funds in their bank account.
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, helping you take the steps needed 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.

Interrogatories

• Interrogatories are written questions that the garnishee (the person or entity holding the debtor's money or property) must answer under oath. Once served, the garnishee has 15 days to submit their sworn responses.
• If the garnishee doesn’t respond within this time, the judgment creditor can file a motion asking the court to hold the garnishee responsible for the unpaid judgment amount, along with any accrued interest and costs. This ensures compliance and helps enforce the judgment effectively.

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 to the Constable of Baton Rouge. The Constable’s Office is responsible for managing the disbursement 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.
• Not all of the 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 a legal service provider. They can help clarify the rules that apply to your specific situation.

Collect Judgment

1. No Right to Appeal: There is no appeal process for a small claims judgment. However, either party can request to transfer the case to the regular docket of the appropriate court by filing a Motion to Transfer, which costs $311.
2. Collection Responsibility: If you win your judgment in small claims court, the collection process is your responsibility. The Clerk’s office will assist you as much as possible, but if the debtor is unemployed, does not own property, or receives government assistance, it might be difficult to collect. The judgment is final with no option for appeal.
3. Filing In Forma Pauperis (IFP): Being approved to file a suit IFP means that court costs and fees can be deferred until the end of the litigation. Even if you win, you may be required to pay court costs, which will be deducted from your award.
4. Limit on Claims: You can only file a maximum of six (6) small claims per year.
5. Filing Fee: The fee to file a small claim is $115 for each named defendant. Note that a husband and wife count as two separate defendants.
6. Additional Costs: In addition to the Clerk’s fee, you’ll also need to pay the Constable’s office for any required services.

Important: Be sure to carefully weigh 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 Orleans 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 Orleans 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 City Court

   1300 Perdido Street, Room 200
   New Orleans, LA 70112
   (504) 658-8777
   https://www.orleanscivildistrictcourt.org/first-city-court-clerk

   BUILDING HOURS

   • Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays

2. Second City Court

   225 Morgan Street
   New Orleans, LA 70119
   (504) 658-8592
   https://www.orleanscivildistrictcourt.org/second-city-court-clerk

   BUILDING HOURS

   • Monday – Friday 8:00 a.m. – 4:00 p.m., except court holidays.