Small Claims Court Cases

INSTRUCTIONS FOR SMALL CLAIMS COURT

PATRICE T. HARPER,

JUSTICE OF THE PEACE, WARD 2

IN ORDER TO MAINTAIN THIRD-PARTY NEUTRAL STATUS IN THE COURT, JUDGE PATRICE T. HARPER CAN NOT LISTEN TO THE FACTS OF THE CASE OR GIVE LEGAL ADVICE.
Filing Fee: $120.00 for one defendant, $25 for each additional defendant (cash or check) *** Additional cost if service is made outside of this Court’s jurisdiction.
The most ONE can sue for is $5,000.00.
Information needed to file claim: You must be able to give the defendant’s current address, even if he/she moves; Full name of defendant, Home address of Defendant with zip code, Telephone number of Defendant, if they have one. *** Make sure address is correct and current. If not, there will be additional charges for each new address attempted.
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 three service attempts; a fee of $50 will be charged for each additional address given to the Court to try to serve the Defendant.
When filing suit and you are suing one person, please bring the original plus 2 copies. If you are suing 2 people, please bring an original and 3 copies. THERE WILL BE A CHARGE of $.50 per copy if not provided. A certified copy is $1.00 per page.
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.
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.).
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.
If you sue a CORPORATION, you must provide the NAME and ADDRESS of the “REGISTERED AGENT.” To obtain this information, please contact the Louisiana Secretary of State at the following: • 225-925-4704 • www.sec.state.la.us
If you sue a BUSINESS, YOU MUST PROVIDE THE FULL NAME AND ADDRESS OF THE REGISTERED AGENT.
THIS COURT IS NOT A COLLECTION AGENCY. A judgment in your favor does not mean you will instantly get your money. The Court does not collect your money, If a person is unemployed, does not own property, collects welfare or other similar assistance, it may be very difficult to collect. You would, however, be entitled to undertake efforts in collection either through garnishment, seizure, or merely recording the judgment with the Clerk of Court.
ADDITIONAL COSTS are charged for GARNISHMENTS, JUDGMENT DEBTOR RULES, REISSUE OF CITATIONS & PETITIONS, ETC.

Filing a Small Claims Case

How Do I File A Claim

JUSTICE OF THE PEACE (JOP) Court is user-friendly. An attorney is not required. The Plaintiff will need to file a Statement of Claim with the court and include $120 cash or a check made payable to Justice of the Peace Patrice T. Harper. While the JP can not give legal advice, he or she can provide information on filing procedures. Please do not attempt to give the JP a detailed explanation of your claim so as to try and prejudice the JP. You will have an opportunity at a hearing to present your evidence and testimony.

What Happens After I File A Claim

Once a claim is filed, the JP will prepare a Citation to accompany your Statement of Claim, and the Constable will attempt to serve the other party with the pleadings. Once served, the opposing party has ten (10) days to file an Answer or Reconventional Demand. Presuming a claim is answered and denied, either party may ask the court to set the dispute for a hearing, and the court will set a trial date within 45 days of the request. If the opposing party doesn’t file an Answer within ten (10) days, the claimant may appear and present evidence and testimony to obtain a default judgment.

How Do I Collect Any Money Awarded By The Court

In Louisiana, there are essentially three ways to collect on a money judgment: Record the judgment in the mortgage records of a parish. It becomes a judicial mortgage against any immovable property owned by the debtor. Second, to garnish rights and property in the hands of a third party owed to the debtor. Usually this involves garnishing wages or seizing a bank account. The last way is to seize, store and sell non-exempt property of the debtor. The JP can assist you in all three ways to collect any money you are owed, additional fees are assessed depending on actions taken.