Civil Court

Louisiana’s Justice of the Peace Courts fill the small-claims gap in many rural wards, with jurisdiction capped at $5,000 in civil disputes. Hearings are informal, parties can appear without an attorney, and any appeal goes to district court for trial de novo. Because the courts are limited, they verify whether a dispute fits the monetary cap, involves the right people, and concerns property inside the ward.

Civil Claim Limits

Justice of the Peace Courts have civil jurisdiction concurrent with district court for cases where the amount in dispute does not exceed $5,000.

Filing a Claim

A civil action begins when a plaintiff files a claim with the Justice of the Peace. The claim may be filed orally or in writing, though written pleadings are preferred. The plaintiff must provide the defendant’s name and current address, the basis for the claim, and the amount demanded.

When filing a written petition, the plaintiff should bring one original and at least two copies. The original is filed with the court, the plaintiff keeps one copy, and the second copy is certified by the JP and served on the defendant along with the citation.

La. C.C.P. art. 4911La. C.C.P. art. 4912La. C.C.P. art. 4915La. C.C.P. art. 4917La. C.C.P. art. 4919La. C.C.P. art. 4920La. C.C.P. art. 4921.1

Citation and Service

After a suit is filed, the Justice of the Peace issues a citation — a court order commanding the defendant to appear and answer the claim. The citation must include the date of issuance, title of the case, name of the person addressed, and the court’s title and location. When a written petition is filed, a certified copy must be attached to the citation.

The JP may set the matter for trial when filing the petition. The first scheduled trial date must be not more than forty-five days, nor less than ten days, from service of the citation. The citation must state that the person must comply with the demand or appear at the specified time and date, and that failure to appear may result in a default judgment.

The constable serves the citation and certified copy of the petition on the defendant. Service may be personal — delivered directly to the person — or domiciliary — left at the person’s usual residence with someone of suitable age and discretion. Service may occur at any time, including Sundays and holidays.

Answer Deadlines

A defendant must file an answer within ten days of service of the citation. If the citation is served through the secretary of state, the deadline is fifteen days. When service is made using the long-arm statute for out-of-state defendants, the deadline is thirty days.

If the defendant fails to answer within the required time or fails to appear at trial after proper notice, the court may enter a default judgment against the defendant.

Court Procedures

The court can require anyone who is properly served with court papers to appear, just as a district court would. Most cases follow ordinary procedure. Evictions use a faster summary proceeding — a simplified, expedited court process that moves faster than ordinary proceedings.

Trials must be held before the Justice of the Peace in the ward from which the JP is elected. The Louisiana Code of Civil Procedure expressly prohibits jury trials in Justice of the Peace Court — any case for which a jury is demanded must be filed in district court.

At trial, the plaintiff presents their case first, including testimony and evidence. The defendant then has an opportunity to cross-examine the plaintiff’s witnesses. After the plaintiff rests, the defendant presents their case, and the plaintiff may cross-examine the defendant’s witnesses. The JP may question witnesses at any point to clarify issues.

The rules of evidence are relaxed in Justice of the Peace Court, though the Code of Evidence serves as a guide. Parties and witnesses must be sworn in before testifying. The JP weighs all evidence, evaluates credibility of witnesses, and decides which party proved their case by a preponderance of the evidence — meaning one side is more likely to have actually happened than the other.

Executory proceedings — foreclosure actions that bypass normal court procedures — are never allowed in JP court.

What Happens If a Claim Exceeds the Limit

If a person files an amended or supplemental pleading, or any other pleading, that in good faith exceeds $5,000, the court must transfer the action to a court of proper jurisdiction — typically district court.

Movable Property Disputes

The court has jurisdiction over suits for the possession or ownership of movable property — vehicles, furniture, equipment, and other personal property. The property must be physically located within the ward where the court sits. The amount in dispute is determined by the amount a person demands or the value a person asserts in good faith, but does not include interest, court costs, attorney fees, or penalties.

A judgment of ownership of a vehicle ordered by a Justice of the Peace Court is recognized by the Office of Motor Vehicles. This also applies to manufactured homes.

Judgments and Notice

After a trial or default, the Justice of the Peace renders a judgment determining the rights of the parties.

Judgment Requirements

All judgments must be in writing and signed by the JP. Notice of the signing of a final judgment is required in all contested cases.

Default Judgments

If a defendant fails to respond to the petition within the required time limits, or fails to appear at trial after proper notice, the court may enter a default judgment. However, the plaintiff must still prove their case with sufficient evidence to establish a prima facie case — evidence sufficient to support a favorable judgment without hearing from the defendant.

When the suit is for a sum due on an open account, promissory note, negotiable instrument, or other conventional obligation, prima facie proof may be submitted by affidavit. When the demand is based on a promissory note or other negotiable instrument, no proof of any signature is required unless the signature is challenged by the defendant.

Notice of Judgment

Notice of the signing of a final judgment must be mailed by the JP to each party in all contested cases. For default judgments against a defendant served domiciliarily who filed no exceptions or answer, notice must be served by the constable through personal or domiciliary service. For default judgments against a defendant served personally who filed no exceptions or answer, notice is mailed to the address where personal service was obtained or to the last known address.

If a party is represented by an attorney, notice must be given to that attorney. If a party is personally served with the judgment in open court, no further notice is required. The JP must make a notation in the record showing the date and parties to whom notice was mailed.

Appeals

A party may appeal a judgment to district court. Appeals from Justice of the Peace Court go directly to district court for a trial de novo — a completely new trial that starts fresh. The deadline for filing an appeal begins to run from the date of the judgment or from service of notice of judgment, when notice is necessary.

A party may also request a new trial within seven days after service of notice of judgment. A new trial may be granted when the verdict appears clearly contrary to the law and evidence, when new evidence is discovered that could not have been obtained before or during trial, or when there are other grounds specified by law.

La. C.C.P. art. 4921La. C.C.P. art. 4922La. C.C.P. art. 4923

Judgment Enforcement

Winning a judgment is only the first step. Justice of the Peace Courts keep authority over their judgments. Enforcement of judgments is the responsibility of the judgment creditor — the person who won the judgment — and should be filed in the Justice Court that rendered the judgment. Otherwise, the judgment may be made executory in another court prior to enforcement actions. The judgment debtor is the person who owes money under the judgment. There are several methods available to enforce a money judgment.

Judgment Debtor Examinations

A judgment creditor may examine the judgment debtor under oath about their property, books, papers, or documents. A judgment creditor may also examine any third person about matters relating to the judgment debtor’s property.

The judgment creditor must give the judgment debtor at least five days’ notice before the examination. This examination helps discover what property the debtor owns that can be used to satisfy the judgment.

Writ of Fieri Facias

A writ of fieri facias — often abbreviated as “fi fa” — is a court order authorizing the seizure and sale of the judgment debtor’s property. The constable or sheriff seizes and sells the debtor’s property to satisfy the judgment.

The writ must be issued within one year of the judgment. The constable must give written notice and provide an inventory to the debtor before seizing property. Only non-exempt property may be seized — homestead and other statutory exemptions still apply.

Garnishment

Garnishment is a legal process where the judgment creditor can seize money or property held by a third party — like an employer or bank — that belongs to the debtor. After the court issues a writ of fieri facias, the judgment creditor may file a petition to cite a third person as a garnishee — the person or entity holding the debtor’s property or money.

The garnishee must declare under oath what property they have in their possession or under their control belonging to the judgment debtor, and in what amount they are indebted to the debtor. The seizure takes effect upon service of the petition, citation, interrogatories, and notice of seizure.

A judgment creditor must mail written notice of the garnishment to the debtor, even though the seizure remains valid without it. For wage garnishments, special rules apply, and the garnishment may automatically cease after 180 days if the judgment creditor fails to obtain a garnishment judgment.

Writs of Sequestration

A writ of sequestration is a provisional remedy that lets the court seize specific movable property and hold it while a lawsuit is pending. It is available when the creditor owns the property, has a right to possess it, or holds a mortgage, lien, or privilege, and can show the debtor may conceal, waste, or remove the property from the ward.

To obtain the writ, the creditor files a verified petition (or attached affidavit) that states the principal claim and facts supporting sequestration. The JP may require security to protect the debtor from wrongful seizure, but no bond is needed when enforcing a lessor’s, repairman’s, or similar statutory privilege. If the judge finds probable grounds, the constable immediately seizes and inventories the property and keeps it until further order of the court.

The debtor can dissolve the writ or recover the property by posting security equal to the claim, and third parties can intervene to assert ownership. If the creditor prevails, the court maintains the writ and the seized property may be sold or turned over to satisfy the judgment; if the debtor wins, the writ is lifted and the property is returned.

Exemptions

Homestead and other statutory exemptions still apply. The court must verify exempt status before directing seizure. Certain property is protected from seizure, including a person’s home (up to certain limits), wages (up to certain limits), and other property specified by law.

La. C.C.P. arts. 2451 & 2452La. C.C.P. arts. 2291-2294La. C.C.P. arts. 2411-2417La. R.S. 13:3881La. C.C.P. art. 3501La. C.C.P. art. 3576

Landlords and Tenants

Justice of the Peace Courts have jurisdiction over eviction proceedings for residential, commercial, and farm lease properties located within the ward.

Jurisdiction Requirements

Residential evictions can be heard regardless of rent amount. Commercial or farm lease evictions qualify when the monthly rent is $5,000 or less.

Notice to Vacate

Before a landlord can file an eviction, the landlord or the landlord’s agent must deliver written notice to vacate to the tenant. The notice must allow the tenant not less than five days from the date of its delivery to vacate the leased premises. This requirement applies when the tenant’s right of occupancy has ceased because of termination of the lease by expiration of its term, action by the landlord, nonpayment of rent, or for any other reason.

If the lease has no definite term, the notice required by law for its termination is considered a notice to vacate. If the lease has a definite term, notice to vacate may be given not more than thirty days before the expiration of the term.

A tenant may waive the notice requirement by including a written waiver in the lease agreement. If the lease contains such a waiver, the landlord may immediately file eviction proceedings upon termination of the tenant’s right of occupancy for any reason.

Filing the Eviction Petition

Eviction proceedings begin when a landlord files a petition with the Justice of the Peace Court. The JP then issues a rule to show cause — an order directing the tenant to appear in court and state why they should not be ordered to surrender possession of the premises.

The rule to show cause must state the grounds upon which eviction is sought, be signed by the JP, and direct the tenant to appear before the court on a specified day and time. The hearing cannot occur earlier than the third day after service of the rule to show cause. If the third day falls on a weekend or legal holiday, the hearing is moved to the next business day.

Service of Eviction Papers

The constable serves the petition and rule to show cause on the tenant. If the premises are abandoned, closed, or the tenant’s whereabouts are unknown, the constable may attach all notices, process, pleadings, and orders to the door of the premises. Posting in this manner has the same effect as personal delivery or service.

The constable must make a return — a written report — to the JP showing the date and manner of service. The JP may not hold the hearing or render a judgment unless there is proof that a party who did not appear received proper notice.

The Eviction Trial

At the trial, the landlord presents testimony and evidence explaining why the tenant should be evicted. The tenant then has an opportunity to present evidence and demonstrate why they should not be evicted. Common defenses include: failure to give proper notice to vacate, filing the petition before the notice period expired, improper service of notice, landlord acceptance of late rent payments, or acceptance of rent after notice to vacate was delivered.

The JP weighs all evidence presented by both sides, evaluates credibility of witnesses, and determines which party is more credible. If the JP finds the landlord entitled to possession, or if the tenant fails to answer or appear, the court immediately renders a judgment of eviction ordering the tenant to deliver possession of the premises.

Warrant of Possession

If the tenant does not comply with the judgment of eviction within twenty-four hours after it is rendered, the court immediately issues a warrant of possession directing the constable or sheriff to seize the leased property, remove the tenant, and deliver possession to the landlord. The warrant must set forth the complete and accurate address where it is to be executed.

The warrant must be executed in the presence of two witnesses. If windows, doors, or gates are locked or barred, the constable may break them open as necessary to allow entry, but must exercise caution to ensure the correct premises are being entered. After execution, the constable completes a return on the warrant form and files it with the court. The judgment of eviction remains effective for at least ninety days.

Past-Due Rent & Recovery

Because a money judgment cannot be granted within a summary trial — as part of the eviction action, the landlord must file a separate suit for past-due rent.

The past-due rent petition should identify the lease, list the delinquent months, and request judgment for the arrears, legal interest, court costs, and any contractual attorney fees. Detailed ledgers, proof of notices to vacate, and testimony about the payment history help the JP verify the claimed balance.

If the landlord fears the tenant will hide or remove property before the money judgment is satisfied, they may request sequestration as a separate proceeding. Under La. C.C.P. arts. 3571-3572, a lessor who shows “good reason to believe” the tenant will remove movables subject to the lessor’s privilege can obtain sequestration — even before rent is due — without posting a bond, and the constable holds the property until the court rules.

Landlord’s Privilege and Sequestration

Louisiana law grants landlords a privilege over a tenant’s non-exempt movable property located on the leased premises to secure unpaid rent and related charges. The protection attaches automatically as a function of law, so no agreement is needed.

To preserve the privilege, a landlord files a petition for sequestration in Justice of the Peace Court using the same process described in Judgment Enforcement. However, landlords benefit from a specific statutory advantage: no bond is required when enforcing the lessor’s privilege. The tenant can regain the property by posting security or paying the arrears; otherwise, if the landlord prevails, the seized movables may be sold to satisfy the judgment.

Security Deposits & Final Accounting

Louisiana’s Lessee’s Deposit Act (La. R.S. 9:3251-3254) requires landlords to return a tenant’s deposit within one month after the lease ends, provided the tenant left a forwarding address and complied with the lease.

A landlord may keep only the portion needed to remedy a default or unreasonable wear and must mail an itemized deduction letter within that same month. Failure to refund within 30 days of written demand exposes the landlord to statutory damages of $300 or twice the wrongfully retained amount, plus costs and attorney fees. Any waiver of these rights is null, and if the property is sold, the new owner inherits the duty to account for the deposit.

Pet deposits fall under the Act, although separate “pet fees” do not. The statute does not apply when the tenant abandons the premises, but tenants who properly surrender possession — and, for military families, those who terminate under federal or state protections — remain entitled to the full statutory accounting.

Appeals

An appeal does not suspend execution of a judgment of eviction unless the tenant has answered the rule under oath, pleading an affirmative defense entitling the tenant to retain possession of the premises, and the appeal has been applied for and the appeal bond filed within twenty-four hours after the judgment of eviction is rendered. This means the eviction may proceed even while the appeal is pending unless these specific conditions are met.

La. C.C.P. art. 4912La. C.C.P. arts. 4701-4705La. C.C.P. arts. 4731-4736La. C.C. art. 2707La. C.C.P. art. 3571La. C.C.P. art. 3572La. R.S. 9:3251La. R.S. 9:3252

Civil Fees

All civil fees charged by Justice of the Peace Courts are strictly defined by state law. The JP may demand and receive fees ranging from $11.50 to $130 for various civil matters, with additional charges for multiple defendants or parties.

Fee Structure

Civil fees are set by R.S. 13:2590 and cover a wide range of proceedings including new suits, evictions, writs of execution, garnishments, judgment debtor examinations, and other civil actions. Fees typically range from $20 to $130 for initial filings, with additional charges of $20 per additional defendant or party in most cases.

The highest fees apply to new suits ($130) and eviction proceedings ($120). Most other proceedings have fees ranging from $30 to $80. Some specialized services like certified copies are charged per page.

Fee Distribution

Fifty percent of court costs collected are retained by the Justice of the Peace for compensation and operational expenses of the office and court. The remaining fifty percent is used for compensation and operational expenses of the ward constable’s office.

In addition to sharing court costs, constables are entitled to separate fees for specific services performed, as set forth in R.S. 13:5807. These include fees for service of process (ranging from $10 to $30), collecting money for execution of writs (six percent with a minimum of $12.50), and other specialized services. The fee for collecting money for execution of a writ without seizure or sale is used for compensation and operational expenses of the ward constable’s office.

Advance Payment

The JP may demand that a plaintiff provide costs in advance before proceeding with the case. However, a person who is unable to pay court costs because of poverty and lack of means — referred to as indigent status — may proceed without paying costs in advance or furnishing security. The privilege is governed by Code of Civil Procedure Articles 5181 through 5188 and delays fees until the case has reached judgment.

The state, political subdivisions, and their agents or employees may also temporarily defer court costs when acting within the scope of their official duties, as provided by R.S. 13:4521.

La. R.S. 13:2590La. C.C.P. arts. 5181-5188La. R.S. 13:4521La. R.S. 13:5807

Civil Jurisdictional Limitations

Justice of the Peace Courts cannot expand their jurisdiction by agreement. When a case involves any of the situations below, it belongs in another court — typically district court.

Real Estate and Property Matters

• Title to immovable property — land and buildings — or disputes over real estate
• In rem or quasi in rem matters — cases involving property rights — beyond movable property located within the ward
• Executory proceedings — foreclosure actions that bypass normal court procedures
• Partitions — division of property among co-owners

Family Law and Personal Status

• Family law matters: annulment, separation, divorce, alimony, succession, interdiction, receivership, liquidation, adoption, tutorship, or emancipation

Constitutional and Government Matters

• Public office or election contests
• Constitutional challenges
• Actions in which the state or any political subdivision is a defendant
• Habeas corpus — challenges to detention
• Quo warranto — challenges to public office

Injunctive Relief

In civil matters, a Justice of the Peace may only issue injunctions to enforce their own judgments. An injunction is a court order that requires a person to take a specific action or prohibits a person from taking a specific action.

Jury Trials

Any case for which a jury is demanded must be filed in district court, not Justice of the Peace Court.

La. C.C.P. art. 4913La. C.C.P. art. 4871