WHAT IS SMALL CLAIMS COURT?
The Small Claims Division is part of the City Court of Port Allen that was established by the State of Louisiana. You may sue to resolve minor civil disputes or try to recover claim of up to $5,000.00, plus interest, court costs and attorney fees. A claim, generally speaking, asserts a legal right you may have.
WHO MAY FILE SUIT IN SMALL CLAIMS COURT?
You must be EIGHTEEN (18) YEARS OF AGE to file a case in Small Claims Court, but minors may sue through a parent or guardian. The person filing the suit is the ‘Plaintiff’. An officer or employee of a corporation or unincorporated association may file suit on behalf of an organization if the amount in controversy does not exceed $5,000.00 and involves an open account or negotiable instrument (La RS. 37:212C); otherwise a corporation must be represented in court by a licensed attorney.
Plaintiff’s access to the Small Claims Court is limited to two (2) filings per party per calendar month.
WHO MAY BE SUED IN SMALL CLAIMS COURT?
The person or company being sued may be an individual, a sole proprietor, a partnership, a corporation or an unincorporated association such as a club or association. The person being sued is called the ‘Defendant’. In some cases there may be more than one defendant. It is important that you properly identify and sue the person or company.
If the defendant is an individual, his/her residence should be within Ward III of West Baton Rouge. Ward III is the area bounded on the South by Emily Drive, on the North by Lafiton Lane, East by the Mississippi River and the West by the Iberville Parish line.
If a business is being sued, call the LA Secretary of State’s Corporation Division at (225)925-4704 to find out if the business is incorporated or if it’s using a “trade name” (not incorporated).
If the business is not incorporated, you must find the NAME OF THE OWNER of the business, not the name of the business itself.
For more information, download the Small Claims Court Info pdf document