FAQ
Jurisdiction & Limits
What is the maximum claim amount for a Louisiana JP court?
Louisiana Justice of the Peace Courts have civil jurisdiction concurrent with district court for cases where the amount in dispute does not exceed $5,000. The amount in dispute is determined by the amount a person demands or the value a person asserts in good faith, but does not include interest, court costs, attorney fees, or penalties. Cases exceeding this limit are required to be filed in district court.
Statutes: CCP 4912
What matters cannot be heard in JP court?
JP courts cannot hear: title to immovable property (real estate), family law matters (divorce, custody, etc.), executory proceedings (foreclosures), partitions, public office or election contests, constitutional challenges, actions where the state or political subdivision is a defendant, habeas corpus, quo warranto, or any case where a jury is demanded.
Can a JP hear cases involving real estate?
No. JP courts have no jurisdiction over cases involving title to immovable property (land and buildings) or disputes over real estate. These matters are required to be filed in district court. However, JP courts can hear suits for the possession or ownership of movable property (vehicles, furniture, equipment) not exceeding $5,000 in value, located within the ward.
Can I have a jury trial in JP court?
No. The Louisiana Code of Civil Procedure expressly prohibits jury trials in Justice of the Peace Court. Any case for which a jury is demanded is required to be filed in district court, not Justice of the Peace Court.
Eviction
Can a JP court handle evictions?
Yes, JP courts can handle eviction proceedings for residential, commercial, and farm lease properties. Residential evictions can be heard regardless of rent amount. Commercial or farm lease evictions qualify when the monthly rent is $5,000 or less. The property is required to be located within the ward where the court sits. Evictions use a faster "summary" procedure. However, executory mortgage proceedings are not allowed in JP court.
Statutes: CCP 4731, CCP 4913
What can tenants do if a landlord refuses to make repairs?
Louisiana's "repair and deduct" remedy allows tenants to make necessary repairs and deduct the cost from rent if the landlord fails to maintain the premises after proper notice. The tenant is required to prove the repair was necessary to make the premises fit for habitation, the landlord failed to act after reasonable notice, and the repair cost was reasonable. This remedy applies to essential repairs—not improvements or cosmetic issues. Tenants are typically advised to keep all receipts and documentation.
How do I get my security deposit back?
Under the Lessee's Deposit Act, a landlord is required to return the security deposit within one month after the lease ends and the tenant surrenders possession. If the landlord retains any portion, they are required to provide an itemized statement of deductions. Failure to return the deposit or provide an itemized statement entitles the tenant to actual damages or $200, whichever is greater. "Normal wear and tear" is not a valid deduction. The tenant is required to provide a forwarding address in writing.
Criminal Matters
What criminal matters can a JP handle?
JPs serve mainly as magistrates in criminal cases. They can issue arrest warrants (after completing required training), set bail for non-capital and non-hard-labor cases, conduct preliminary examinations, and issue peace bonds. They also have limited trial authority for litter and nuisance violations in specific parishes. JPs may not preside over criminal trials (other than litter cases) and have no jurisdiction over juveniles.
What is a peace bond?
A peace bond is a court order requiring someone to post a bond (up to $1,000) promising not to commit a threatened crime. If a person believes someone has threatened or is about to commit a crime against them, they may file an affidavit describing the threat. The JP holds a contradictory hearing, and if there is just cause to fear the threatened offense, the JP orders the defendant to post the bond. The bond is for a specified period not longer than six months.
How does a JP set bail?
When a defendant is arrested for a non-capital offense not necessarily punishable at hard labor, a JP may set bail. The JP considers statutory factors including the seriousness of the offense, weight of the evidence, defendant's criminal history, employment status, family ties, financial resources, and prior failures to appear. Bail may take several forms: commercial surety bond (through a bail bondsman), cash deposit, personal surety, or release on recognizance for minor offenses. The Louisiana Constitution prohibits excessive bail—the amount is required to be reasonably calculated to ensure appearance, not to punish.
What is a preliminary examination?
A preliminary examination is a hearing to determine whether probable cause exists to hold a defendant for trial on felony charges. JPs may conduct preliminary examinations only for non-capital offenses not necessarily punishable at hard labor. The examination is not a trial—the JP does not determine guilt, only whether sufficient evidence exists to justify continued detention. If probable cause is found, the defendant is held for trial in district court. If not, the defendant is released, though the district attorney may still file charges.
Can a JP issue search warrants?
JP search warrant authority is extremely limited. A JP may issue search warrants only for five specific categories: (1) stolen property, (2) property used in committing a crime, (3) property constituting evidence of crime, (4) contraband, and (5) to search for kidnapped or unlawfully detained persons. For all other search warrant requests—including electronic surveillance, anticipatory warrants, or complex legal situations—the request is required to go to a district court judge.
JP Powers & Duties
Can a JP perform marriages?
Yes, Justices of the Peace may officiate marriages once sworn into office. Authority extends to the home parish, any parish in the same supreme court district, and parishes without JP courts (except Orleans). Retired JPs with eighteen years of service may retain parish authority if they register with the clerk of court.
What notarial powers do JPs have?
By virtue of office, a Justice of the Peace serves as an ex officio notary within the ward's territorial jurisdiction. Only four functions are authorized: (1) administer oaths and affirmations, (2) notarize sworn statements, affidavits, and acknowledgments tied to matters within the JP's authority, (3) make protests involving negotiable instruments, and (4) notarize bills of sale and other title documents for movable property, including motor vehicle transfers.
Can a JP notarize vehicle or boat title transfers?
Yes. As ex officio notaries, JPs may notarize bills of sale and title documents for movable property, including motor vehicle transfers submitted to the Office of Motor Vehicles and boat transfers submitted to the Department of Wildlife and Fisheries. The JP notarizes only—they cannot draft documents for the parties. All parties are required to appear in person with valid identification and sign in the JP's presence. The JP verifies the VIN/HIN and other vehicle information but cannot certify the vehicle's condition or value.
What is the role of a constable?
The constable is a peace officer elected within a ward or district who serves as an independent elected official with duties defined by statute. The constable's office is a separate elected office—constables are not employees of the Justice of the Peace. As a peace officer, constables have law enforcement authority including the power to make arrests, enforce laws, and maintain public order within their jurisdiction. Constables serve citations, summons, subpoenas, writs, and other court papers. They have parish-wide service authority for any case before their JP court. State law requires that a JP use the constable from the same ward whenever possible to execute all orders and citations in civil cases. Deputy constables are required to meet P.O.S.T. training requirements (R.S. 40:2405).
Statutes: RS 40:2405
When must a JP step aside from a case (recusal)?
A JP is required to recuse from a case when they are: a witness in the case, have been consulted as an attorney in the matter, are related to a party or attorney (spouse, parent, child, immediate family), or have such bias or interest that they cannot conduct fair proceedings. A party may file a motion to recuse, or the JP may voluntarily recuse. When a JP is recused, the Louisiana Supreme Court appoints a JP ad hoc to hear the case—the recused JP cannot appoint the replacement.
Fees & Costs
How are JP court fees structured?
Civil fees are strictly defined by state law (R.S. 13:2590), ranging from $11.50 to $130 for various civil matters, with additional charges for multiple defendants. The highest fees apply to new suits ($130) and eviction proceedings ($120). Fifty percent of court costs are retained by the JP, and fifty percent go to the constable's office. In addition to sharing court costs, constables are entitled to separate fees for specific services (R.S. 13:5807), including service of process ($10-$30) and collecting money for execution of writs (6% with $12.50 minimum). JPs are prohibited from charging extra fees in criminal matters.
Statutes: RS 13:2590, RS 13:5807
What happens if I can't afford court costs?
A person who is unable to pay court costs because of poverty and lack of means (indigent status) may proceed without paying costs in advance or furnishing security. This privilege is governed by Code of Civil Procedure Articles 5181 through 5188. The state, political subdivisions, and their agents may also temporarily defer court costs when acting within the scope of their official duties.
Appeals
How do I appeal a JP court decision?
Appeals from JP court go directly to district court for a trial de novo—a completely new trial that starts fresh. The district court does not simply review the JP court's decision but starts the case over. The deadline for filing an appeal begins to run from the date of the judgment or from service of notice of judgment, when notice is necessary.
Procedures
How do wage garnishments work in JP court?
After obtaining a money judgment, a creditor may seek garnishment to collect the debt. The JP issues a writ of garnishment directed to the employer (for wages) or bank (for accounts). Federal and state law limit wage garnishment to 25% of disposable earnings or the amount by which weekly wages exceed 30 times the federal minimum wage, whichever is less. The employer is required to withhold and remit funds to the court. Certain income is exempt, including Social Security, SSI, veterans' benefits, and child support received.
Training & Requirements
What training is required for JPs?
Every Justice of the Peace is required to attend at least one training course every other year. The Attorney General conducts these courses within six months of when JPs take office, and once a year thereafter. JPs may not issue arrest warrants until they complete the Attorney General's Arrest Warrants Course and receive a certificate of completion. Failure to attend required training results in loss of state supplemental pay until training is completed.
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