Sued in Louisiana? You may have only 10 days to answer

City or parish court (including small claims) or justice of the peace court: 10 days. District court: 21 days. District court, discovery requests served with the petition: 30 days.

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Checked against official sources: Oct 24, 2026. · Free letters and forms ↓

Count your answer deadline in Louisiana

Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Louisiana guides by topic

How to answer in Louisiana

Your deadline by court, the official form, fees and defenses.

Default judgment in Louisiana

What a default means and how to set it aside, with a calculator.

After a judgment in Louisiana

Wage garnishment, bank levies and how to claim an exemption.

Debt buyer lawsuits in Louisiana

What a debt buyer must prove, and old debts as a defense.

Which court hears debt cases in Louisiana

District Court

No dollar limit stated

Hears debt suits of any amount.

Law: La. C.C.P. arts. 4843, 4911 (other courts share jurisdiction with district court)

City Court or Parish Court (including its small claims division)

Cases up to $15,000

City courts hear debt suits up to $15,000; some city courts named in the law go up to $25,000, $30,000, $35,000 or $50,000. Parish courts hear suits up to $20,000. A small claims division hears claims up to $5,000. In small claims you can move the case to the regular court by filing a written notice and the transfer fee within 10 days of receiving the papers (and within the time to answer). Small claims decisions cannot be appealed.

Law: La. C.C.P. arts. 4842, 4843; La. R.S. 13:5202, 13:5204, 13:5209

Justice of the Peace Court

Cases up to $5,000

Debt claims up to $5,000, not counting interest, costs and attorney fees. You may answer out loud to the justice of the peace or the clerk; a written answer is not required.

Law: La. C.C.P. arts. 4911, 4917

How to answer in Louisiana

How to answer

File a written answer with the clerk of the court named on your citation, and send a copy to the plaintiff or its lawyer. In a justice of the peace court you may instead state your answer and defenses out loud to the justice of the peace or the clerk. You can ask the court for more time.

If you can't pay the fees

Ask to proceed without paying costs in advance because of poverty (in forma pauperis), under La. C.C.P. arts. 5181-5188; no statewide form was found.

How you must be served

A sheriff or other proper officer serves the citation on you in person, or leaves it at your home with a person of suitable age who lives there (domiciliary service). In small claims, service is usually by certified mail, return receipt requested.

Law: La. C.C.P. arts. 1231, 1234; La. R.S. 13:5204(A)

Law: La. C.C.P. arts. 1001, 4902, 4903, 4917, 4920; La. R.S. 13:5211

Defenses to know in Louisiana

Defenses in Louisiana law

Prescription (time limit): 3 years for open accounts and money lent, 5 years for promissory notes, 10 years for most other contracts. A default judgment needs a prima facie case proved with admissible evidence; for an open account or note, an affidavit of correctness is prima facie proof.

Law: La. Civ. Code arts. 3494, 3498, 3499; La. C.C.P. art. 1702(A), (B)(3)

Debt buyer lawsuits
When a plaintiff sues on a debt it got by assignment (an open account, promissory note or other negotiable instrument), the court may raise prescription (the time limit to sue) on its own before granting a default judgment, and must not grant it unless the plaintiff shows prima facie proof the claim is not too old. Debt buyer lawsuits in Louisiana: the full rules
Time limit to sue (written contract)
10 years · More on old debts at Debt Collector Map

If you missed the deadline in Louisiana

A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.

What happens

If you do not answer in time, the plaintiff can get a default judgment by proving a prima facie case. For open accounts, notes and other contract debts, the judge can sign it on papers without a hearing. If you made an appearance in the case, you must get notice at least 7 days before a default judgment. The clerk sends or serves you notice of the default judgment.

How to set it aside (cancel it)

Motion for a new trial: file within 7 days (not counting legal holidays) after notice of the judgment is mailed, delivered or served; the same 7 days apply in city, parish and justice of the peace courts. In small claims, the judgment becomes final 3 days after it is signed (or after notice is mailed, when notice is required) unless you file a motion for new trial within that time. Action to annul: any time if you were never properly served; within 1 year of discovering it if the judgment was obtained by fraud or ill practices.

Law: La. C.C.P. arts. 1702, 1913, 1974, 2002, 2004, 4904, 4907, 4921, 4922; La. R.S. 13:5208(B)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

If there is a judgment in Louisiana

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

Judicial interest: each year the Commissioner of Financial Institutions sets the rate at 3.25 points above the Federal Reserve discount rate on the first business day of October, for the next calendar year. The rate for 2026 is 7.50%. If your contract sets an interest rate, that agreed rate can apply instead.

How long it lasts

A money judgment expires (prescribes) 10 years after it is signed. The creditor can revive it before then by an ex parte motion, as many times as it wants; each revival starts a new 10 years.

Law: La. R.S. 13:4202; La. Civ. Code arts. 2000, 3501; La. C.C.P. art. 2031; OFI judicial interest rate table

Garnishment, bank levy and exemptions in Louisiana

Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.

Wage garnishment (taking part of your pay)

The federal limit applies. You keep 75% of your disposable earnings, and never less than 30 times the federal minimum wage per week ($217.50) (La. R.S. 13:3881(A)(1)).

Bank levy (freezing and taking money in your bank account)

The creditor files a garnishment petition and the sheriff serves your bank, which must answer under oath within 30 days. The creditor must send you written notice of the garnishment petition. No separate Louisiana bank account amount was found; federal benefits such as Social Security are protected.

How to claim an exemption

There is no statewide exemption claim form. You can file a motion in the court that issued the garnishment; the court keeps the power to amend or set aside its garnishment judgment at any time.

Law: La. C.C.P. art. 2412; La. R.S. 13:3923, 13:3881

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Louisiana

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Free help in Louisiana

Court self-help

Free letters and forms

Ask the plaintiff's lawyer for the debt documents

The contract, the chain of ownership and an itemization of what they claim.

Exemption claim cover letter

A letter to the court clerk to file with your exemption claim form.

Good to know in Louisiana

  • City and parish courts give you only 10 days to answer, not 21 (La. C.C.P. art. 4903).
  • If a debt buyer sues on an assigned account, the judge may check on their own whether the debt is too old before granting a default (La. C.C.P. art. 1702(D)).
  • A small claims decision cannot be appealed; you have 10 days after receiving the papers to ask to move the case to regular court (La. R.S. 13:5204(B)).

Changes in 2024–2026

Acts 2026, No. 268 amended the garnishment service article. Acts 2026, No. 127 amended the justice of the peace notice-of-judgment article and the small claims transfer statute (R.S. 13:5206). Acts 2025, No. 250 amended the notice-of-judgment and new-trial articles (arts. 1913, 1974). Acts 2024, No. 57 repealed art. 4843(H) (one city court limit).

Law: La. C.C.P. art. 2412; art. 4922

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
  • Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
  • Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
  • Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in Louisiana

How long do I have to answer a debt lawsuit in Louisiana?

District court: 21 days after you are served, or 30 days if discovery requests were served with the petition. City and parish courts, including their small claims divisions, and justice of the peace courts: 10 days after service (15 days if served through the Secretary of State). Check your citation.

How do I answer a debt lawsuit in Louisiana?

File a written answer with the clerk of the court named on your citation, and send a copy to the plaintiff or its lawyer. In a justice of the peace court you may instead state your answer and defenses out loud to the justice of the peace or the clerk. You can ask the court for more time.

What if I can't afford the court fees in Louisiana?

Ask to proceed without paying costs in advance because of poverty (in forma pauperis), under La. C.C.P. arts. 5181-5188; no statewide form was found.

What happens if I don't answer in Louisiana?

If you do not answer in time, the plaintiff can get a default judgment by proving a prima facie case. For open accounts, notes and other contract debts, the judge can sign it on papers without a hearing. If you made an appearance in the case, you must get notice at least 7 days before a default judgment. The clerk sends or serves you notice of the default judgment.

Can I cancel a default judgment in Louisiana?

Motion for a new trial: file within 7 days (not counting legal holidays) after notice of the judgment is mailed, delivered or served; the same 7 days apply in city, parish and justice of the peace courts. In small claims, the judgment becomes final 3 days after it is signed (or after notice is mailed, when notice is required) unless you file a motion for new trial within that time. Action to annul: any time if you were never properly served; within 1 year of discovering it if the judgment was obtained by fraud or ill practices.

How much interest does a judgment add in Louisiana?

Judicial interest: each year the Commissioner of Financial Institutions sets the rate at 3.25 points above the Federal Reserve discount rate on the first business day of October, for the next calendar year. The rate for 2026 is 7.50%. If your contract sets an interest rate, that agreed rate can apply instead.

How long does a judgment last in Louisiana?

A money judgment expires (prescribes) 10 years after it is signed. The creditor can revive it before then by an ex parte motion, as many times as it wants; each revival starts a new 10 years.

Can my wages be garnished in Louisiana?

The federal limit applies. You keep 75% of your disposable earnings, and never less than 30 times the federal minimum wage per week ($217.50) (La. R.S. 13:3881(A)(1)).

Can a creditor take money from my bank account in Louisiana?

The creditor files a garnishment petition and the sheriff serves your bank, which must answer under oath within 30 days. The creditor must send you written notice of the garnishment petition. No separate Louisiana bank account amount was found; federal benefits such as Social Security are protected.

How do I claim an exemption in Louisiana?

There is no statewide exemption claim form. You can file a motion in the court that issued the garnishment; the court keeps the power to amend or set aside its garnishment judgment at any time.

More help on our sister sites

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Last checked: Oct 24, 2026.

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