Administration Division FAQ's |
Court Services Division FAQ's
Criminal/Traffic & Records Division FAQ's
How do I file for an Eviction?
A tenant can be evicted by following our Eviction Procedure Guidelines
The rental property must be located within East Baton Rouge Parish. Generally speaking, a copy of the lease or a
copy of the five-day Notice to Vacate must be provided in court, and
the eviction suit is initiated with the Court by filing a Rule to
Evict. A Rule to Evict form is provided by the Civil Division, located
in Room 251. The filing fee cost for an eviction is $128.50 for one (1) defendant and $10 for each additional defendant.
How can I get a Restraining Order?
This Court has jurisdiction to issue restraining orders and injunctions under La. Code of Civil
Procedure Article 3601, et seq. A person may seek an injunction against another person in cases where “irreparable injury, loss or
damage may otherwise result to the applicant.” The purpose of a restraining order or injunction is to prevent any further abuse. The
protection available includes ordering the abusive person to stay away from the victim, not contact the victim, and not go to the victim’s
residence, school, or place of employment. NOTE: City Court jurisdiction is limited to inside the city limits.
The cost to file a request for
restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form
from the Civil Division Office in Room 251 or by calling 389-3017.
This Court does not have jurisdiction to issue restraining orders for matters involving
domestic abuse or dating violence. Therefore, this Court does not hear matters involving
a request for restraining orders against a party that fits into one of the below listed categories:
- former spouse
- a person presently or formerly living in your residence as a spouse, of the opposite sex, whether married or not
- foster parent
- foster child
- adult child or grandchild
These types of cases are handled through Family Court, Domestic Violence Office, located at:
300 North Boulevard
East Baton Rouge Courthouse
2nd Floor, Room #2801
Phone # (225) 389-4705
How much can I sue for in Civil Court or Small Claims Court?
The maximum amount you can sue for in Small Claims Court is $5,000 and the maximum amount you can sue for
on the regular Civil docket for this Court is $35,000.
How much does it cost to file a Civil Suit or Small Claims Suit?
The cost to file a civil suit is $148.50 for one defendant and $30 per each
additional defendant. The cost to file a Small Claims suit is $74.50 for one defendant and $35. per each additional defendant. There may be
additional costs for service to be made on the defendant, which can vary depending on where service is required and what agency must serve
the paperwork. Please refer to our
Civil Court Costs Schedule Pamphlet
for a listing of civil costs and for more information about service fees.
What is the Statute of Limitations for filing a Suit?
Different types of suits may have different time limitations on when a suit must be brought before the filing of the action is prescribed, or
barred, by law. It is recommended that you speak to an attorney for an answer to legal questions like this. City Court employees are not
permitted to give legal advice. You can seek assistance in obtaining an attorney by contacting one of the following agencies:
Lawyer Referral Service
Baton Rouge Bar Association
544 Main Street
Baton Rouge, LA 70802
Phone: (225) 344-9926
Baton Rouge Bar Association
Southeast Louisiana Legal Services
715 St. Ferdinand Street
Baton Rouge, LA 70802
Phone (225) 448-0080
Toll Free (855)512-3980
Southeast Louisiana Legal Services
How do I file suit in Small Claims Court?
can bring an action in Small Claims court if you are suing for $5,000 or less. The normal Rules of Evidence do not apply in Small Claims
Court, however, the decision of the Court cannot be appealed. There are also restrictions on what types of actions you can bring in Small
Claims Court, as described in our Civil Court Cost Schedule Pamphlet
that is available in
our Civil Division, Room 251. You can also obtain copy of this brochure through the mail by calling 389-3017.
The Court entered a judgment ordering the other party to pay me money. When will I get paid and how long is my judgment good for?
- It is your responsibility to collect on a money judgment awarded in your favor.
- A judgment is effective for 10 years. You can extend the time the judgment is effective for by filing the proper motion before the end of the ten year period. You can continue to try to collect on your judgment for as long as the judgment is in effect and unpaid.
Will the Court collect my judgment for me?
No. It is your responsibility to take any and all legal action necessary to collect on your judgment from the judgment debtor. Some actions you can use to help collect your judgment include:
- Conducting a Judgment Debtor Rule to determine the judgment debtor’s assets.
- Garnishing the judgment debtor’s wages, bank accounts, and/or other assets until your judgment is paid in full. (Refer to the Garnishment Procedure Guidelines and Forms found in the civil forms section of our website).
- You should consult an attorney to determine all legal remedies available to you.
When can I start collecting my judgment?
You can start collecting your judgment immediately after the legal delays have run/expired.
What is a Garnishment?
A Garnishment is a way of collecting a debt where the judgment creditor withholds money or property that belongs to the judgment debtor that is in the possession or control of another person.
What are Interrogatories?
Interrogatories are written questions that must be answered under oath by the Garnishee. The garnishee must file his sworn answers to the interrogatories within fifteen (15) days from the date of service. If the garnishee fails to answer within the delay period, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs.
What is a Garnishment Judgment?
The “Garnishment Judgment” is an order instructing the garnishee to deliver the judgment debtor’s wages and/or commission to the Constable of the City of Baton Rouge.
The Constable’s Office is responsible for the disbursement of funds to you; therefore, any questions you may have concerning the seized wages and/or commissions are to be directed to their office at (225) 389-3004. (Refer to the Garnishment Procedure Guidelines and Forms found in the civil forms section of our website).
What happens if the judgment gets paid in full?
It is the responsibility of the judgment creditor to complete a “Satisfaction of Judgment” and file it with the court. If the judgment creditor placed a lien on real property (such as a house or land) belonging to the judgment debtor, this will need to be cancelled by the judgment creditor with the Office of the Clerk of Court and Recorder of the parish where the lien was placed.
Can all of my earnings (wages) be taken by Garnishment?
No. Only part of your earnings can be taken by garnishment. You should contact an attorney or other legal service provider if you have questions regarding income exemptions.
How do I respond to a Garnishment Citation and Take Notice I received regarding one of my employees?
Carefully read all of the instructions contained in the documents served on you. The Interrogatories must be answered under oath and in writing within fifteen (15) days from date of service and filed with the Office of the Clerk of Baton Rouge City Court, 233 St. Louis Street, Room 251, Baton Rouge, LA 70802 or P.O. Box 3438, Baton Rouge, LA 70821.
**DO NOT MAKE CHECKS PAYABLE TO BATON ROUGE CITY COURT**
- Prior to submitting your answer, please ensure the following actions are complete:
- ALL interrogatories have been answered;
- The document has been notarized (original signature required);
- The document contains an original signature of your company’s representative;
- It is the ORIGINAL DOCUMENT, and not a photocopy;
- A copy of the document is furnished to the plaintiff or plaintiff’s attorney.
- Failure to begin deductions at once or to timely answer could make the employer (Garnishee) personally liable.
- After you receive the Garnishment Judgment, please make checks payable to: BATON ROUGE CITY CONSTABLE and mail to P.O. Box 1471, Baton Rouge, LA 70821.
Can I file a Civil Action by Fax?
The Clerk’s Office accepts civil
filings through facsimile means. The number to the Civil Division to
fax file a document is (225) 389-5260. In accordance with L.R.S.
13:850, the following is required to be forwarded to the Clerk’s Office
within seven (7) days of the fax filing, exclusive of legal
holidays, for the facsimile filing to have full force and effect:
original signed document;
The applicable filing fee
must be enclosed with the original;
additional $5 facsimile transmission fee must be enclosed with each
original document transmitted.