Filing A Law Suit Instructions

JUSTICE OF THE PEACE JURISDICTION

A JP's court is a court of limited jurisdiction over certain types of civil cases. In certain cases, the jurisdiction of the JP is limited to the dollar amount of the suit and the territorial boundaries of the ward from which the JP is elected. Such examples include evictions and titles to movable property. Some cases are off-limit to a JP; Types of Cases NOT handled in JP Courts

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 Dollars ($100.00) for one Defendant and One Hundred and Twenty-Five ($125.00) Dollars for two Defendants. There are additional costs if there is service to be made outside of this Court’s jurisdiction. Additional costs may also be incurred if the Constable has to make over three (3) attempts at service.

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, go online to the website https://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. A written appeal must be filed with the 12^th District Judicial Clerk of Court in Marksville 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.

IN ORDER TO MAINTAIN THIRD-PARTY NEUTRAL STATUS IN THE COURT, NEITHER THE JUDGE NOR HIS CONSTABLE CAN LISTEN TO THE FACTS OF THE CASE OR GIVE LEGAL ADVICE.