Money Claims & Debt Collection

Justice of the Peace Courts provide an accessible forum for recovering money owed — whether from unpaid loans, bounced checks, property damage, or other civil obligations. When the amount in dispute does not exceed $5,000, a creditor may file a claim in JP Court) without hiring an attorney, and the court will hear the matter in an informal setting designed to resolve disputes efficiently.

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Types of Money Claims

JP Courts handle a broad range of money claims arising from everyday transactions and obligations. The key requirement is that the amount demanded does not exceed the jurisdictional limit.

Debt Collection

When someone owes money and refuses to pay, the creditor may file a civil suit to recover the debt. Common debt collection cases include:

• Unpaid loans — Personal loans between individuals, whether documented by a written agreement or based on an oral promise to repay
• Open accounts — Store credit, revolving credit lines, or running tabs where goods or services were provided on credit
• Promissory notes — Written promises to pay a specific sum by a certain date
• Services rendered — Unpaid bills for work performed, such as home repairs, lawn care, or professional services

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When a creditor sues on a debt, the petition must state the amount owed, how the debt arose, and any applicable interest or penalties allowed by law or contract. If the debtor signed a written agreement, the creditor should attach a copy to the petition.

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Bounced Checks

When a check is returned for insufficient funds or a closed account, Louisiana law provides special remedies for the payee. The holder of a dishonored check may recover not only the face amount of the check but also statutory damages and collection costs.

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Under Louisiana Revised Statutes, a person who issues a check knowing there are insufficient funds may be liable for:

• The amount of the check
• A service charge of up to $25 or five percent of the check amount, whichever is greater
• Court costs and reasonable attorney fees if the matter proceeds to litigation

Before filing suit, the payee must send written demand to the drawer by certified mail at the address printed on the check. If the drawer fails to pay within fifteen days, the payee may proceed with a civil action.

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Damages for Property Loss or Injury

A person who suffers loss or injury through the fault of another may recover damages in JP Court if the amount does not exceed $5,000. Louisiana’s Civil Code establishes the foundation for these claims.

Property Damage: When someone negligently damages another person’s property — a vehicle, fence, equipment, or other belongings — the injured party may sue to recover the cost of repair or the fair market value if the property was destroyed. The claimant must prove that the defendant’s act or omission caused the damage.

Personal Injury: While serious personal injury cases typically exceed JP Court jurisdiction, minor injuries resulting in medical expenses and lost wages totaling $5,000 or less may be filed in JP Court. The plaintiff must prove the defendant was at fault and that the injuries directly resulted from the defendant’s conduct.

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Parental Liability for Minor’s Damage

Louisiana law holds parents responsible for damage caused by their minor children. When a child negligently or intentionally damages property or injures another person, the parent or legal guardian may be sued for the resulting damages. The parent’s liability exists regardless of whether the parent was present when the damage occurred or knew it might happen.

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This principle applies broadly to property damage, vandalism, theft by minors, and injuries caused by children’s negligent or intentional acts.

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Filing a Money Claim

Jurisdictional Requirements

Before filing, verify that JP Court has jurisdiction over the claim:

1. Amount in Dispute — The amount demanded, exclusive of interest and court costs, must not exceed $5,000
2. Subject Matter — The claim must be one JP Court is authorized to hear (money claims, contract disputes, property damage)
3. Venue — Suit is generally filed in the ward where the defendant resides, though venue may be waived

If the claim exceeds $5,000, it must be filed in district court. If a claimant reduces the claim to $5,000 to fit within JP Court jurisdiction, any right to recover the excess amount is waived.

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Required Information

When filing a money claim, provide the Justice of the Peace with:

• Defendant’s full legal name — The exact name of the person or business you are suing
• Defendant’s current address — Where the defendant can be served with the citation
• Amount claimed — The specific dollar amount you seek, not exceeding $5,000
• Basis for the claim — How the debt or obligation arose (loan, services, damage, etc.)
• Supporting documents — Contracts, promissory notes, invoices, repair estimates, photographs, or other evidence

The claim may be filed orally or in writing, though a written petition is preferred. If filing in writing, bring the original and at least two copies.

Proving the Case

At trial, the plaintiff must prove the claim by a preponderance of the evidence — meaning the plaintiff’s version of events is more likely true than not. To establish a money claim:

For debt collection:

• Prove the debt exists (written agreement, testimony, course of dealing)
• Prove the amount owed
• Prove the defendant has not paid despite demand

For bounced checks:

• Present the dishonored check
• Show proof of written demand sent by certified mail
• Prove the check remains unpaid after fifteen days

For property damage:

• Prove the defendant caused the damage (testimony, photos, police reports)
• Prove the amount of loss (repair estimates, receipts, fair market value)

For personal injury:

• Prove the defendant was at fault
• Prove you suffered injury as a direct result
• Prove the amount of damages (medical bills, lost wages)

Default Judgments on Money Claims

If the defendant fails to answer or appear, the creditor may obtain a default judgment. However, the creditor must still prove the claim — the court will not simply award the amount requested without evidence.

For claims based on a promissory note, open account, or other conventional obligation, prima facie proof may be submitted by affidavit. The affidavit must state the facts establishing the debt and the amount owed. When the demand is based on a negotiable instrument, no proof of signature is required unless the defendant specifically challenged it.

Evidence must be presented even when the defendant defaults. The Justice of the Peace may not enter a default judgment without being satisfied that a prima facie case has been established.

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After Judgment

Winning a judgment is only the first step. If the defendant does not voluntarily pay, you become the judgment creditor and must pursue collection through the methods available in JP Court.

The court can issue a writ of fieri facias authorizing seizure and sale of the debtor’s property. You may also garnish wages or bank accounts after obtaining the writ. For detailed information on collecting a judgment, see the pages on Judgments and Garnishment.

A judgment in JP Court is valid for ten years and earns interest at the legal rate from the date it is signed. If the debtor has no assets today, you may return to enforce the judgment when circumstances change, as long as you do so within the prescriptive period.

Common Defenses to Money Claims

When you file a money claim, be prepared for possible defenses the defendant may raise:

• Payment — The defendant claims the debt was already paid
• Accord and satisfaction — The parties agreed to settle for a different amount
• Prescription (statute of limitations) — Too much time has passed since the debt became due
• Offset — The defendant claims you owe them money, reducing or eliminating what they owe
• Lack of capacity — The defendant was a minor or otherwise lacked legal capacity when the obligation arose
• Fraud or duress — The obligation was obtained through deception or coercion

If the defendant raises a defense, the court will hear evidence from both sides before rendering judgment.

Time Limits for Filing

Louisiana law sets prescriptive periods — similar to statutes of limitations — for different types of claims:

Claim Type	Prescriptive Period
Open account	3 years
Promissory note	5 years
Written contract	10 years
Oral contract	10 years
Delictual action (tort/damage)	1 year from discovery
Bounced check	5 years

If a party waits too long to file, the claim may be barred by prescription. The defendant can raise prescription as a defense, and if established, the court must dismiss the case.

For information on filing procedures and court processes, see Civil Suits. For collecting on a judgment, see Judgments and Garnishment.