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For Your Convenience!
How to use the Small Claims Division of City Court?
(13 pages)
How to Use the Small Claims Division of City Court?
Although this web page seeks to simplify the law,
it cannot cover every aspect and provision of the law, nor all the rules of this Court.
The Clerk’s Office seeks to be helpful, however, cannot provide legal advice. If you
believe legal advice is necessary, you must contact a lawyer to provide this service.
Judges and Court Personnel are not permitted to give legal advise.
What is Small
Claims Court?
Small Claims Court (S.C.C.) is a
part of the Civil Division of the Baton Rouge City Court and was established
pursuant to Louisiana Revised Statutes 13:5200-5212. You may sue to resolve
minor civil disputes and to recover claims that do not exceed $3,000.00. A
claim, generally speaking, asserts a legal right you may have.
You may use the S.C.C. to sue
someone who LIVES within the city limits of Baton Rouge. You may also sue in
S.C.C. if you were personally injured or your property was damaged by actions of
another party within the city limits of Baton Rouge, regardless where the party
causing your injury may live. Otherwise, the Court’s authority to handle cases
affecting defendants who do not reside within the Baton Rouge city limits
depends on numerous factors that warrant professional legal advice.
You must be EIGHTEEN YEARS OF AGE
to file a case in S.C.C., but minors and incompetents may sue through a parent
or guardian. A duly authorized officer, shareholder, agent, representative, or
employee of a corporation or unincorporated association may file suit on behalf
of the organization if the dispute involves an open account or negotiable
instrument. Otherwise, a corporation must be represented in Court by a licensed
attorney (La. R.S. 37:212C).
The ordinary rules of evidence do
not apply in S.C.C. If you lose in S.C.C., you have no right to appeal the
Court’s decision.
What kind
of suits can be filed in S.C.C.?
You may sue if you believe
someone owes you money. For example, you may sue if:
Someone fails to return a deposit to you;
Products that you purchased are defective and the seller refuses to repair,
refund or replace;
You suffer loss or injury as a result of the negligence or intentional
misconduct of another;
Your employer fails to pay wages, salaries, or commissions you are due;
You seek possession of personal property you are due (but not real estate).
The following types of cases may not be
instituted in the S.C.C.:
Suits involving annulment, separation, divorce, alimony, separation of
property, temporary restraining order or injunction, succession,
interdiction, receivership, liquidation, habeas corpus, or the title to real
estate;
Suits against a state agency, parish, municipality or other political
subdivision;
Suits against a public official performing official duties;
Suits seeking eviction of tenants.
Suits where more than (10) parties are joined as plaintiffs in the same
action;
Class action suits (a suit brought by one or more persons on behalf of a
larger group of people).
How do I sue
In Small Claims Court?
Come to City Court. Parking is
available one block south of the City Court Building. The court cost deposit for filing a Small Claim action is $53. for one
defendant and $35. for each additional defendant. Payment may be by cash, cashier’s check, money order,
personal check made payable to Baton Rouge City Court, and MasterCard, Visa or Discover Card (5% fee is added for
credit card payments). Additional fees are
required for service on the defendant made by the East Baton Rouge Parish
Sheriff's office and the cost varies according to zip code. All
court cost deposits are normally assessed against the party ultimately
losing the lawsuit, but may be assessed against either party. If you cancel a suit in S.C.C., there are no refunds.
You must have with you:
The
complete and proper legal name and address of the party you wish to sue. This party is called the “defendant.” You will be the “plaintiff.” It
is the responsibility of the plaintiff to have the correct name and address of
the person being sued.
Determine the proper
party to sue:
It is extremely
important that you sue the correct person or company. Before you file your
claim, make sure you know who you should sue, to ensure that if you win your
case, your judgment will be enforceable.
If a business is being sued,
call the Corporation Division of the Louisiana Secretary of State at (225)
925-4704 to find out if the business is incorporated or if it is simply
using a “trade name” and is not incorporated.
If the business is
incorporated, you should request the name and address of the registered
agent
for the corporation. That is the
individual who will receive “service” or notice of the suit. You should also find out the address of the
registered office of the
corporation, as this is the corporation’s “residence.”
If the business is not
incorporated, you must find the name and address of the owner of the business,
not the name of the business itself. This information may be obtained by contacting City Parish authorities
who issue occupational licenses at (225) 389-3278, or by going to 222 St.
Louis Street, room 411.
If you are suing
someone as a result of an automobile accident and you do not know the owner of
the vehicle causing the injury, the license number is helpful for determining
the name and address of the owner. You
can write or go to Motor Vehicles Registration, 7701 Independence Boulevard, Baton
Rouge, LA and request this
information. There will be a fee.
You may wish to file in the
suit record copies of written evidence that would help support your claim in
court, such as: contracts, paid bills, letters/written records, leases,
canceled checks, repair estimates (2 or more).
Bring any document or other evidence you believe
will be helpful in proving your case to court at the time of your trial. If you wish to keep a copy of any documents you use as evidence, you
must make your copies prior to coming to court.
Filing your
claim:
The Clerk will give you a form entitled “Statement of Claim and
Citation.” Be prepared to
provide the following information:
Your name, numerical street address and daytime telephone
number;
The correct name and address of the party you are suing. If it is a corporation, you will need the proper name and address and
the registered agent’s name and address;
A simple but
complete statement of why you are suing. This should include:
Dates,
places and persons as they relate to your claim; and,
the total
amount of money you are trying to recover with an itemization and explanation.
Remember: The limit is $3,000. excluding interest, court costs and attorney fees
(if attorney fees are recoverable).
If you receive a judgment in your favor, you can
claim interest on the sum of money owed running from the date you originally
filed suit until the money is actually paid. This is known as “judicial interest” and the rate is fixed by law.
Next, take your completed and signed Statement of Claim and Citation
form to the Small Claims Division and pay the required filing fee ($53. for
one defendant and $35. for each additional defendant). If the defendant is out of the city limits but within East Baton
Rouge Parish, either a business, or an individual to be served at the place
of employment, you must provide a
check made payable to EBRP Sheriff for the cost of service in
addition to the required filing fee. The
cost of service by the East Baton Rouge Parish Sheriff’s Office varies
according to zip code. Please
ask the clerk’s office for the required service fee amount.
What
happens after you file suit?
If the defendant is to be served at an address
within the city limits, the Clerk’s Office will forward the defendant’s
copy of your Statement of Claim and Citation, which includes an “Attention
Sheet” to the City Constable for “service” (or delivery) on the
defendant. This “attention
sheet” informs the defendant that he has been sued and will have ten
calendar days (inclusive of holidays and weekends) in which to answer.
These ten (10) days are a period of time in which you, the plaintiff,
cannot take any action. After the
ten (10) calendar days the defendant can still file an answer at any time
prior to your obtaining judgment. If
and when the defendant is served, the Clerk’s Office will mail service
information to the plaintiff.
If service is out of the city limits, the Clerk’s
Office will mail the defendant’s copy by certified mail, return receipt
requested, to the home address provided. When the postal return is received, the Clerk’s Office will mail the
plaintiff the service information. (Check
glossary at end of this publication for types of service.)
If the Constable/Sheriff makes a return certifying
that they are unable to make service, you may request a Motion to Appoint a
Private Process Server. This form
is available in the Civil Office. This
server may be any person not a party in the suit over the age of majority and
residing within the State. It is
your responsibility to name this person. Service of process made in this manner must be proved like any other
fact in the case.
You, the plaintiff, may call the Civil Division of
City Court at 389-3017 on the 11th day after the defendant has been
served to find out if the defendant has filed an “Answer.” If no answer has been filed, your next step is to “confirm a
Default
Judgment.” You may obtain a
default judgment packet from the Clerk’s Office and return it by mail. The Clerk’s Office will advise you if your personal appearance is
necessary.
If the defendant has been served and has filed an
answer or other documents or pleadings contesting the claim, you (plaintiff)
must
write the Clerk of City Court and ask for a trial date. This
may be done in letter form. (Attorneys
must observe the local Rules of Court.)
It is the defendant’s right to request that the
action be transferred from the Small Claims Division to the regular civil
docket. A written motion
requesting this transfer must be filed with the Clerk’s Office within the
same ten calendar days allowed for the defendant’s answer to be filed. A copy of this form will be provided upon request. Transferring the case to the regular civil docket preserves both
parties’ right to appeal an unfavorable judgment of the Court. An appeal would permit a review of the trial judge’s ruling by a
higher court to determine whether the judge properly applied the law to the
facts of the case. Transfer to
the regular civil trial division also means that there will be no relaxation
of the rules of evidence or restrictions upon attorney’s participation. In such cases, you should be alerted to the advisability of hiring an
attorney.
How do I
prepare for court?
You,
as the plaintiff, have the burden of proving your case before the judge at a
trial by presenting the most convincing evidence.
This is a balancing test by which the judge weighs the probabilities of
accuracy of each party’s respective claim. Your evidence, as the plaintiff, must be greater (at least 51%) for you
to win your case. The following
may be helpful in preparing for your trial:
Arrange for witnesses. These
are people who saw what happened or have personal knowledge that might help
your case. Have them arrive in
court on the hearing date. If a
witness will not agree to appear voluntarily, you may ask the Clerk to
subpoena him/her. An advance
court cost deposit of $20. will be charged for each subpoena issued. If a witness is not subpoenaed and does not appear at the hearing, his
absence will not ordinarily constitute good grounds for a postponement or
continuance of your case. In such
cases you may be required to proceed to trial even if your “unsubpoenaed”
witness fails to appear.
Gather all the evidence that relates to your claim or your defense if
you are suing, or being sued. This
includes photographs, contracts, receipts, promissory notes, letters,
cancelled checks, written agreements, or other written material as well as physical
objects. Bring this evidence to
court with you on the trial date, unless it has previously been filed in the
suit record. If you wish to keep
a copy of any documents you use as evidence, you must make your copies prior
to coming to court.
Go over the facts and organize them in your mind. You may want to make an outline of all important facts to bring out
since this will probably be your only opportunity to present evidence. If a settlement is reached prior to trial, notify the Clerk’s Office
in writing immediately so that your case may be deleted from the Court’s
docket. If time does not permit a
letter, telephone the office of the judge handling Small Claims. If you find that you are unable to attend court at the date and time
set, you must immediately notify the court in writing to seek a continuance. Continuance requests that do not reflect the consent of the opposing
party are not automatically granted and must be supported by good cause.
What if someone
sues me?
If
you have been served with a Citation, you are referred to as the
“Defendent” in the matter. Most
importantly, do not ignore the Statement of Claim and Citation and Attention
Sheet if you wish to contest the claim against you. Initially, you must decide if you desire to hire an attorney to
represent you. Secondly, you must
decide whether you wish to transfer the case to the regular civil docket. There is a $10. fee for transfer to the regular civil
docket. Transfer would enable you
to preserve your right to appeal any unfavorable judgment. However, you should be aware that the appeal process can be lengthy and
costly and may require that you hire an attorney.
If you decide to contest the
case over any issue, you should
file your answer In
Writing with
the Clerk’s Office within the ten (10) day period allowed by law. If
you do not do so, a "Default Judgment" may be entered against you. This means that you would lose without a chance to tell your
side of the story. Your answer
should be truthful and contain every defense you intend to raise.
If ten (10 days have passes
but the plaintiff has not obtained a judgment, you may still file an answer.
Possible defenses
include:
Contributory negligence (negligence on the part of the
plaintiff);
No jurisdiction or improper “venue” (wrong court);
Discharge in bankruptcy;
Error or mistake;
Fraud or illegality on plaintiff’s part;
Previous compromise or payment of an obligation;
Excessive damages claimed.
Your written answer must be
delivered to the plaintiff. You can request in writing to the court for
the plaintiff to be served and provide the name and address for service, or
you can mail a copy of the answer to the plaintiff. If mailed, you must
file a written certificate with the court stating that you mailed a copy of
the answer to the plaintiff.
If
you believe you have a claim of your own against the party suing you, you may
include it in your answer. The
plaintiff must be served with this “counter claim” or “reconventional
demand” before the trial The
defendant (plaintiff-in-reconvention) must pay a basic filing fee of $53. for
one defendant-in-reconvention and $35. for each additional
defendant-in-reconvention. If the reconventional demand is to be served on a business or an individual at the
place of employment outside the city limits but within EBRP the cost of
service by the East Baton Rouge Parish Sheriff’s Office varies depending on
zip code. Please ask the
clerk’s office for the appropriate service fee amount and make the check for
service payable to EBRP Sheriff.
Confirming
a Default Judgment
Once the defendant has been
served with the citation, he/she has ten calendar days to file an answer in
the Small Claims Division. On the
11th day you may contact the S.C.C. to see if an answer was filed. If an answer was not filed you can pick up a default judgment packet in
the S.C.C. and return it by mail. The
Clerk’s Office will advise you if your personal appearance is necessary.
If testimony is required you may confirm your
default judgment on Monday, Tuesday, Thursday, or Friday. You will need to check in at the Civil Office, in Room 251. The time to check in is from 8 a.m. to 9 a.m. Bring all necessary documents and witnesses with you.
What happens at
trial?
Arrive early and bring all court papers with you.
If you are the party
suing and arrive late, or do not appear at all, your case may be dismissed. If you are the party being sued and arrive late, or do not appear at
all, a judgment could be entered against you. In other words, you may lose
without a hearing.
If you are
Suing and the other party is not there, you must still show
proof of your claim before you can get a judgment in your favor. If you are being
Sued and the other party is not there, you may ask
that the case against you be dismissed (so you will win the case).
You will have the opportunity at trial to present your witnesses and
evidence, and the opportunity to pose questions to your opponent(s). Additionally, you may be asked to answer your opponent’s questions. The procedure will be more relaxed and informal than an ordinary trial,
with the judge asking questions himself in an effort to understand the case
and ascertain the truth.
After all of the testimony is taken, the judge will announce the
decision regarding which party has won the case and the amount of any
judgment, if a sum of money is awarded. There
are times when the judge will not render a decision immediately after the
trial but will take the matter “under advisement” in order to conduct
research. You will be notified of
the decision by mail.
An arbitrator may be appointed by the judge to hear your case. If so appointed, his decision will be final and binding. After the arbitrator announces his decision you need to go to Room 251
and request a Motion for Judgment Confirming Arbitrator Award. After completing the form the civil office will attach it to the file
and return it to the judge for signature. This is necessary as you cannot collect on an Arbitrator’s Award.
A
judgment rendered in Small Claims Court becomes final and executory three days
after it is signed or served on the defendant when service is necessary,
unless within that period of time a “Motion For New Trial" is filed. A judgment establishes that the defendant does or does not owe you
money. It does not necessarily mean
you will be paid.
If I win how do I collect my
money?
It is not the duty or the function of the court to automatically
pay or collect what is owed to you. It is
your responsibility to take any and all legal action necessary to collect on
your judgment.
In order to collect, you may have to take further action; such as a
garnishment of the losing party’s bank account or wages, or “seizure and
sale” of certain non-exempt property belonging to the defendant. Additional court cost deposits are required for these
actions, which, like other costs of court, are recoverable from the losing
party. For assistance, you may
contact an attorney or use one of the services listed on the last page of this
pamphlet.
If you do not know of any assets
belonging to the losing party that you could seize, you may request a
“Judgement Debtor Examination” for an "Oral Examination" as to the existence
and whereabouts of the defendant’s assets. The advance court cost deposit is $70. for filing this action, and it
is not a new trial or hearing. You
will be allowed to orally examine the defendant who will be under oath regarding his assets, employment, etc., at a place suitable for such
examination, usually just outside the courtroom. This information may help you in finding other legal means for collecting
on your judgment.
May I do anything if I lose?
Remember that you may lose a case by default simply because
you are not present on the hearing date. If
you are notified that you have a default judgment against you, or your case
has been dismissed, you may still have a way out! Consider the following:
Did
you file an “Answer”?
Were
you notified of the hearing date?
If,
as the defendant, you did not file an “answer” but feel you have a valid
defense, or you answered but were not notified of the hearing date, you may file
a Motion To Vacate the default judgment.
If
the motion is granted, a hearing date will be set to hear your argument(s) as to
why the earlier decision should be set aside.
If,
as the plaintiff, you were not notified of the hearing date, you may file a
Motion To Reinstate the case if it was dismissed.
If granted, a hearing date will be set to hear your argument(s) as to why
the earlier decision should be set aside.
Bring
all of your evidence and/or witnesses to support your motion on the hearing
date. If your motion is granted by
the Court, the case will be reopened and you will have an opportunity to have a
trial.
If you lost your case in a Small Claims hearing,
you may try to get a new trial. The grounds for a motion for
new trial are:
The judgment appears clearly contrary
to the law and evidence;
The party has discovered, since the
trial, evidence important to his cause, which he could not, with due
diligence have obtained before or during the trial; or
If the trial judge believes there are
good grounds therefore.
Time
delays are important on the motion and you should remember the following:
You
must file a written Motion for New Trial within three (3) days after the
judgment is signed, or three (3) days after it is served on the losing party
if service is necessary under the law. The
three days excludes weekends and holidays.
Small Claims
support glossary
agent-a person or party acting legally on behalf of another person,
party or corporation.
arbitrator-a licensed attorney
who resolves disputes between parties.
defendant-the party or person who is being sued.
domiciliary service-when the properly addressed certified mail return
receipt reply form is signed at the residence by someone other than the defendant, then
service shall be considered as domiciliary service.
garnishee-defendant's employer or someone who has money or
property in his possession belonging to defendant, such as a bank where defendant has
funds.
incorporated-formed into a legal corporation under applicable
state law.
jurisdiction-is the legal power and authority of a court
to hear and determine an action and to grant parties the relief to which they may be
entitled.
personal service-when the properly addressed certified mail return
receipt reply form is signed by the addressee/defendant, then service shall be considered
as personal service.
plaintiff-the party who is filing suit against another party.
service of process-the act of presenting a copy of a legal document
such as a Statement of Claim and Citation to a party by a duly authorized court officer,
thereby putting the receiving party on legal notice of the action.
suit number-the number assigned to your law suit at the time of
its filing by the Clerk of Court. (Any correspondence or other inquiry about your case
should contain this number.)
tendered-when a properly addressed certified mail return
receipt reply form is returned and marked "refused" or "unclaimed" by
the addressee, then service of process is regarded as tendered and shall be considered as
domiciliary service.
venue-as opposed to jurisdiction, is merely the parish or city (physical
location) in which an action or proceeding may be properly brought and tried. It relates
to the geographical location where a case maybe tried.
Checklist
Plaintiff
Does claim fall within jurisdiction of Small Claims
Division?
Are you suing the proper party defendant?
Do you have the defendant's proper legal name(s) and
address(es)?
Did you fill out a complete statement of why you are
suing? Include amount of money you seek to recover, date and locations related to your
claim.
Did you include copies of written evidence with your
Statement of Claim and Citation?
Did you state a complete name, address, phone number
and signature?
Did you familiarize yourself with this guide?
Defendant
Do you want to contact an attorney?
Do you wish to transfer the case to the regular docket?
Must file request within 10 days.
Do you wish to contest claim? Must file
written answer within ten (10) days or anytime prior to a default judgment
being signed. In your answer, consider:
Is this the proper court?
Has debt been discharged in bankruptcy?
Was there negligence on part of the plaintiff?
Has there been a compromise or payment?
Was there fraud, illegality, error, or mistake present?
Is the plaintiff seeking excessive damages?
Do you wish to "counterclaim" against the
plaintiff?
Where else
can I go for information?
Capital Area Legal Services Corporation
200 N. 3rd Street
Baton Rouge, LA 70801
Phone: (225) 387-5173
Consumer Credit Counseling Services
615 Chevelle Court
Baton Rouge, LA 70806
Phone: (225) 923-2227
Lawyer Referral Service
850 North Boulevard
Baton Rouge, LA 70802
Phone: (225) 344-9926
Dear
City Court User:
Baton Rouge City Court is committed to providing quality and
efficient services to those who utilize the judicial process at its
facility. The Court is most interested in improving any aspect of
the system.
Therefore, we are interested in your recommendations,
suggestions, or observations in that effort. Those comments can be
mailed to me at P.O. Box 3438, Baton Rouge, LA 70821 or e-mailed to
lnorris@brgov.com
Lon Norris
Clerk/Judicial Administrator
Baton Rouge City Court
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