Small Claims

WHAT ARE SMALL CLAIMS COURTS?
Small Claims Courts is a division of city court where you may sue to resolve minor civil disputes, or to collect small sums of money which are owed to you. The amount of money for which you may sue in small claims court is currently limited by law to $5,000. Small Claims suits are not a suit record and cannot be appealed. The decision is final and binding on both parties. Formal rules or procedures and evidence do not apply. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent himself/herself at an informal hearing. However, you must still prove by competent evidence that the defendant owes you money you seek. When defendant is a corporation, partnership, or limited liability company, you must provide the agent for service of process to serve the citation. These may be listed with the Louisiana Secretary of State. A filing fee is required.
The suits you can file are contract disputes, action for money, actions for possession of personal property, breach of warranty, defective products, unreturned deposits or leased property suits for unpaid rent and damages to premises.

WHO MAY SUE IN SMALL CLAIMS COURT?
Any individual acting on the behalf who is 18 years of age or older may sue in the Small Claims Court. The person who files suit is called the “PLAINTIFF.” A minor may sue only through a parent or guardian. An officer or employee of a corporation or unincorporated association, partnership or limited liability company may file suit on behalf of organization if the controversy does not exceed $5,000 and involves an open account or negotiable instrument [LA R.S. 32:212(c)]

WHO MAY BE SUED IN THE SMALL CLAIMS DIVISION?
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 that has caused you damage or injury.

WHAT HAPPENS AFTER YOU FILE SUIT?
The Clerk of New Iberia City Court will prepare a citation to be served on the defendant informing the defendant that the defendant is being sued and must appear in court if the defendant wishes to dispute the claim. Once the defendant has received the citation the defendant has ten (10) calendar days, inclusive of holidays, in which to file and answer disputing the claim. If the defendant does not file an answer, in some cases a court date will be set to confirm the judgment, otherwise a judgment will be granted by default after 10 days from the service. If an answer is filed by the defendant, the case will be set for hearing before the court, and you will be notified of the hearing date by the court. At the time, you will need to bring all material to support your claim and any evidence or witnesses you may have or wish to present at trial. At the hearing, the court will rule in favor of the plaintiff or defendant.
 
Small Claims judgments are not appealable. However, regular process suits can be appealed to the Third Circuit Court of Appeal. A case can be transferred to the regular civil docket if the defendant desires to have the right to appeal the decision. A written notice must be filed to request the transfer. All the regular rules of evidence would apply and both parties would be given the opportunity to hire an attorney.
 
If the judge decides that the plaintiff has offered enough proof of his claims, a judgment will be rendered for the amount of damages the judge thinks is appropriate. Sometimes this may be only part of the sum the plaintiff requested. The judgment of the court becomes a legal obligation after it is signed. A judgment merely establishes that the defendant owes money to the plaintiff. IT DOES NOT NECESSARILY MEAN THE PLAINTIFF WILL BE PAID. Defendants are urged to pay the plaintiff whatever amount is awarded by the judge.
 
The civil judgement becomes a legal obligation after it is signed and is good for 10 years. It is the responsibility of the plaintiff to file the judgment in the mortgage records with the Iberia Parish Clerk of Court. It is also the plaintiff's responsibility to collect on this judgment. Any additional filings to collect a judgment, such as garnishment, judgement debtor exam or seizure by a writ of fifa will require additional payment of court costs. However, these funds are court costs and can be added to the judgment against the defendant which the defendant must pay if the judgment is collected.

COLLECTION INSTRUCTIONS

You have been granted a Judgment in Small Claims Division of New Iberia City Court. You must wait seven (7) days from the date of Judgment to proceed with remedies for collection. There are several different methods of collection you may try. However, some are difficult procedurally and should be done only with the consultation of a lawyer.

  1. RECORD YOUR JUDGMENT: This means that you obtain the original judgment from the Clerk of the Small Claims Division and take it to the Office of the Clerk of Court located at the Iberia Parish Courthouse on Iberia Street. You will be charged an additional fee. The effect of recording your judgment is to place a claim against any real estate owned by the losing party located in the Parish. The losing party will have difficulty selling or mortgaging such real estate without first paying you. If you know the losing party has real estate in some other Parish, you should record your judgment there as well.
  2. Contact the losing party and attempt to get his/her agreement to pay even if it is on an installment basis. No matter what other collection steps you take, frequent contact with the losing party is the surest and cheapest way to collect.
  3. If you have received Judgment by Default (the losing party failed to answer or show up at trial), you will have some difficulty knowing what assets the losing party has to collect against. If you know where the losing party lives, you can file a JUDGMENT DEBTOR RULE. Under this procedure you can force the losing party to appear in Court to be questioned as to what assets he/she may have for collection purposes.
  4. First you must complete the Judgment Debtor Rule form provided on the newiberiacitycourt.com website. The motion asks the Judge to fix a date and order the losing party to appear to appear in Court and produce any books, papers or other documents relating to his/her property. The order will be served on the losing party by the City Marshal. There is an additional costs of $150.00 for this filing.
  5. The court will notify you if the party has been served. If the party has not been served, an additional address will need to be provided. (An additional costs will be needed).
  6. If the losing party appears, you may question them as to their assets. While this may be done in open court, it is sometimes done in another room so as to not conflict with other court proceedings. If you believe, however, that the losing party is not being honest, you can bring him into the courtroom and make him testify under oath before the Judge. At least the following information should be sought:

    7.    1.) Where the losing party works and amount of their wages;
       2.) What real estate the losing party owns, where it is located; and if there is a mortgage on it, what is the balance on the mortgage;
       3.) What large pieces of property (car, boat, etc) does the losing party own, where they are located, and if financed, how much is still owed; and
       4.) What checking and savings accounts, savings certificates, stocks or bonds, the losing party owns, what are they worth and where are they located. GET ACCOUNT NUMBERS

  7. If the losing party has failed to appear at the time ordered and has been served personally, the Judge will generally issue a bench warrant.
  8. The main collection method that can be handled without a lawyer is a Garnishment. A garnishment allows you to get property belonging to the losing party which is being held by a third party. The property that can be reached most easily in this way is the losing party’s wages. YOU MUST KNOW THE LOSING PARTY’S EMPLOYER. This should have been determined during the questioning at trial. If the Judgment was by default, it should have been determined by using the Judgment Debtor Rule. IF THE EMPLOYER IS A CORPORATION, YOU MUST ALSO BE ABLE TO PROVIDE THE NAME AND ADDRESS OF THE AUTHORIZED AGENT OF THE CORPORATION FOR THE PURPOSE OF RECEIVING SERVICE OF PROCESS. This can be found on the Louisiana Secretary of State website.
  9. Once the information is obtained, you can file a Petition for Garnishment. This form can be provided by the clerk. Upon completion of these forms, the clerk will have the petition, interrogatories and statement of account served to the employer.
  10. The employer has thirty (30) days to answer. If they admit that the losing party is in his employ, you must then file a JUDGMENT AGAINST GARNISHEE. The clerk will have that form as well. Once the Judgment is signed, the employer is ordered to pay all non-exempt wages (25% of disposable earnings – the amount left after deduction for taxes and social security). This will continue until the debt and costs are paid.

The other methods for collecting a judgment include garnishment of bank accounts and attachment of property. These should not be attempted without first discussing them with an ATTORNEY.