Court Fees & Costs
Court fees and costs in Justice of the Peace Courts are set by statute. A JP may demand that the plaintiff provide costs in advance, except when the plaintiff qualifies for an indigent waiver under the Code of Civil Procedure.
Fee Schedule
Section titled “Fee Schedule”Louisiana Revised Statutes 13:2590 establishes the maximum fees a Justice of the Peace may charge in civil matters. These fees are set by the legislature and cannot be increased by individual courts.
Filing Fees
Section titled “Filing Fees”| Service | Fee | Additional Party |
|---|---|---|
| New suit | $130.00 | $20.00 |
| Eviction proceeding | $120.00 | $20.00 |
| Reconventional or third-party demand | $30.00 | $20.00 |
| Cross-claim or intervention | $30.00 | $20.00 |
| Supplemental or amended pleading | $30.00 | $20.00 |
| Any other pleading or motion not listed | $30.00 | — |
Writs and Execution
Section titled “Writs and Execution”| Service | Fee | Additional Party |
|---|---|---|
| Writ of execution | $60.00 | $20.00 |
| Writ of sequestration | $30.00 | $20.00 |
| Writ of fieri facias and execution | $60.00 | $20.00 |
| Petition to make judgment executory | $60.00 | $20.00 |
| Appointment of keeper/curator | $60.00 | Plus storage |
Garnishment
Section titled “Garnishment”| Service | Fee | Additional Party |
|---|---|---|
| Garnishment, writ of attachment | $60.00 | $20.00 |
| Attorney answering interrogatories | $15.00 | — |
| Service on financial institution garnishee | $40.00 | $20.00 |
| Notice of seizure in garnishment | $20.00 | — |
Rules and Motions
Section titled “Rules and Motions”| Service | Fee | Additional Party |
|---|---|---|
| Rule to show cause | $40.00 | $20.00 |
| Motion and order (leased movables) | $60.00 | $20.00 |
| Motion for new trial | $40.00 | $20.00 |
| Motion for summary judgment | $40.00 | $20.00 |
| Motion to amend judgment | $30.00 | $20.00 |
| Judgment debtor rule | $80.00 | $20.00 |
Discovery and Service
Section titled “Discovery and Service”| Service | Fee | Additional Party |
|---|---|---|
| Interrogatories to be served | $40.00 | $20.00 |
| Request for admissions to be served | $40.00 | $20.00 |
| Subpoena or subpoena duces tecum | $40.00 | — |
| Reissuance of citation and petition | $40.00 | $20.00 |
| Additional or out-of-district service | $30.00 | Per service |
| Service of judgment | $30.00 | Per party |
| Service by private process server | $20.00 | Per party |
Appeals and Records
Section titled “Appeals and Records”| Service | Fee |
|---|---|
| Motion or petition for appeal | $20.00 |
| Certified copies | $1.00/page |
| Preparation of transcript | $1.00/page |
| Copy of prepared transcript | $0.50/page |
Deficiency Judgment
Section titled “Deficiency Judgment”Petition for deficiency judgment (executory process): $11.50, plus $40.00 for one defendant and $20.00 per additional defendant.
Distribution of Fees
Section titled “Distribution of Fees”Court costs collected under R.S. 13:2590 are divided equally:
- 50% — Retained by the Justice of the Peace for compensation and operational expenses of the office and court
- 50% — Used for compensation and operational expenses of the ward constable’s office
In cases requiring out-of-district service, the JP and constable may agree that the JP pays applicable fees directly to the out-of-jurisdiction server from the constable’s portion.
Additional Fees — East Baton Rouge and Jefferson Parishes
Section titled “Additional Fees — East Baton Rouge and Jefferson Parishes”Justices of the Peace in East Baton Rouge Parish and Jefferson Parish may appoint a clerk of court and may charge additional fees beyond those in R.S. 13:2590:
| Service | Additional Fee | Additional Party |
|---|---|---|
| New suit | $30.00 | $5.00 |
| Eviction proceeding | $30.00 | $5.00 |
| Garnishment | $30.00 | $5.00 |
| Service on financial institution | $30.00 | $5.00 |
| Judgment debtor rule | $30.00 | $5.00 |
| Peace bond | Up to $80.00 | — |
These additional amounts are retained in a separate account for compensation and operational expenses of the clerk of court’s office.
Indigent Party Fee Waiver
Section titled “Indigent Party Fee Waiver”A party who cannot afford court costs may request a waiver under Code of Civil Procedure Articles 5181 through 5188.
Eligibility
Section titled “Eligibility”To qualify for indigent status, a party must demonstrate inability to pay costs without substantial hardship. The court considers:
- Income and assets
- Family size and obligations
- Essential living expenses
- The nature and amount of costs involved
Effect of Waiver
Section titled “Effect of Waiver”When the court grants indigent status:
- The party is not required to pay costs in advance
- The party may proceed with the lawsuit without prepayment
- The waiver applies to court costs, not attorney fees
Judgment Against Indigent Party
Section titled “Judgment Against Indigent Party”If judgment is rendered against a party who was permitted to litigate without paying costs, that party is condemned to pay:
- Costs incurred by them during litigation
- Costs recoverable by the adverse party
The failure of the indigent party to pay costs does not prevent entry of judgment in favor of any other party.
State Exemptions
Section titled “State Exemptions”The State of Louisiana and its subdivisions are exempt from paying costs or furnishing security.
Constable Compensation
Section titled “Constable Compensation”The constable’s compensation for civil duties comes from the 50/50 split of court costs collected under RS 13:2590. In addition, the constable is entitled to a 6% collection commission (minimum $12.50) when collecting money for execution of writs under RS 13:5807(A)(13)-(14).
Related Topics
Section titled “Related Topics”- Civil Suits — Filing procedures
- Eviction Proceedings — Eviction costs
- Constable — Constable duties and fees
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