Sued by a debt buyer in Louisiana

What a debt buyer must file and prove, old debts as a defense, and how to ask for the papers.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. 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.

Time limit to sue (written contract)
10 years
Time to answer
10 days

Special rules when a debt buyer sues in Louisiana

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.

Law: La. C.C.P. art. 1702(D)

Defenses you can raise in Louisiana

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)

Time limits and debt buyers in Louisiana

A written-contract debt in Louisiana must be sued on within 10 years. Raise an older debt as a defense in your answer.

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)

More on old debts at Debt Collector Map

In nearby states

What to do in Louisiana

  1. Look at the name

    A company you never dealt with may have bought the debt. Its name is on the summons.

  2. Make them prove it

    Send a documents request letter to the plaintiff's lawyer.

  3. Answer on time

    In Louisiana: District court: 21 days after you are served, or 30 days if discovery requests were served with the petition.

  4. List your defenses

    Point out any missing proof of ownership or amount.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Free help in Louisiana

Questions about debt buyer suits in Louisiana

What does Louisiana require of debt buyers who sue?

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.

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.

What is the time limit to sue in Louisiana?

A written-contract debt in Louisiana must be sued on within 10 years. Raise an older debt as a defense in your answer.

Related Louisiana pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources