Instructions For Filing Suit In The Justice of The Peace Court

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DOLLAR LIMITS:

The most you can sue for in a Justice of the Peace Court is Five Thousand ($5,000.00) Dollars. There are some exceptions to this, i.e. when the excess is for penalties, interest, or attorney fees. The advance filing fee is One Hundred Thirty Dollars ($130.00) for one Defendant and One Hundred and Fifty ($150.00) Dollars for two Defendants. There are additional costs if there is service to be made outside of this Court’s jurisdiction, (For example, Secretary of State, Orleans Constable, Baton Rouge Sheriff, etc.) Additional costs may also be incurred if the Constable has to make over three (3) attempts at service.

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YOUR RESPONSIBILITY:

You must have the current full name, address, and zip code of the person or company you sue in order that the constable may serve the appropriate person. It is best to serve the person at his or her home address, not at his or her business address.

  1. If you sue a corporation or a limited liability company, you must furnish the name and address of the “Registered Agent”; this is the only person that the constable may serve. To find this information, call (225) 925-4704 or go online. The website is www.sos.la.gov.
  2. If the person you are trying to serve (Defendant) is not available for service at the address provided the Court in the attached documentation, and the Constable is unable to serve said Defendant after 3 service attempts; a fee of $50 will be charged for each additional address given to the Court to try to serve the Defendant.
  3. Unless you retain an attorney, you are representing yourself when you file in this Court. Either party has the right to be represented at the trial by an attorney.
  4. The Statute of Limitation for Filing a Civil Suit (Small Claims) is one year from the date of the last activity on the account (collections, letters, attempts to settle, etc.).
  5. When filing a Civil Citation in the Court, you, the Plaintiff MUST provide ALL RELEVANT INFORMATION pertaining to your case AT THE TIME OF FILING. Additional documentation will not be accepted at a later date OR on the day of the hearing, except in the case of a Plaintiff’s response to the Defendant’s filing of a Defendant’s Answer. Any information provided on the date of the hearing which was not provided to the Defendant upon Constable’s Service will not be accepted by the Court.
  6. Additional costs may be added if Garnishments, Judgment-Debtor Rule, Subpoenas or additional services are requested.
  7. If you are awarded with a judgment in your favor, this does NOT mean you will collect money. For example, if the Defendant is unemployed, does not own any property, or is on welfare, or some other assistance program, it may be impossible to collect. This Court is NOT a collection agency and will not collect your money for you. You would however, be entitled to undertake efforts in collection either through garnishment, seizure, or merely recording the judgment with the Clerk of Court.
  8. You MUST FURNISH the Court with TWO (2) COPIES of all documents filed with your suit. If the Court has to make copies of your file, a charge of $.50 / Copy will apply.
  9. If you are ruled against, you are entitled to file an appeal from a Justice of the Peace Court. A written appeal must be filed with the 22nd Judicial Clerk of Court (809-8776) in Covington within FIFTEEN (15) DAYS after judgment is rendered. The Plaintiff or the Defendant may file an appeal. The Justice of the Peace must be notified of the appeal. There is an additional fee payable to the Clerk of the Court for an appeal. There are no forms for this appeal; you must speak to an attorney.
  10. Please wait four weeks after filing your suit to call for information (whether or not service has been made).

IN ORDER TO MAINTAIN THIRD-PARTY NEUTRAL STATUS IN THE COURT, NEITHER JUDGE SUSAN LEONARD NOR HER ASSISTANT / CLERK CAN LISTEN TO THE FACTS OF THE CASE OR GIVE LEGAL ADVICE BEFORE A HEARING.

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Please Make Your Check Payable to JP Susan Leonard.

 

YOU MUST CONTACT AN ATTORNEY IF YOU NEED INFORMATION ABOUT APPLICABLE LAWS OR LEGAL ADVICE.