Default judgment in Louisiana: how to set it aside
What a default judgment means and how to ask the court to set it aside, with a deadline calculator.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. 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.
- Shortest time to ask
- 7 days (Motion for a new trial)
- Time to answer
- 10 days
How a default happens 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.
Asking the court to undo a default 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.
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 judgment in Louisiana
- 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
Military service and defaults
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)
Steps after a default in Louisiana
Get the judgment papers
The judgment's date matters. Ask the clerk for a copy.
Move fast
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.
Explain why and show a defense
Courts usually ask for a good reason and a real defense.
Protect your money
See what is protected: After a judgment in Louisiana.
Get help
Free help: Louisiana Law Help (legal aid, LawHelp network) and Louisiana State Bar Association: Find Legal Help.
Free help in Louisiana
Questions about default judgments 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.
What if I miss the deadline 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.
Related Louisiana pages
Sources
- La. C.C.P. arts. 1702, 1913, 1974, 2002, 2004, 4904, 4907, 4921, 4922; La. R.S. 13:5208(B)
- La. C.C.P. art. 1001 (21-day answer)
- La. C.C.P. art. 4903 (10-day answer, city and parish courts)
- La. C.C.P. art. 4843 (city court jurisdiction)
- La. C.C.P. art. 4911 (justice of the peace)
- La. R.S. 13:5202 (small claims $5,000)
- La. R.S. 13:5204 (small claims service and transfer notice)
- La. C.C.P. art. 1913 (notice of judgment)
- La. C.C.P. art. 1974 (new trial delay)
- La. C.C.P. art. 2002 (nullity for vices of form)
- La. C.C.P. art. 2004 (nullity for fraud)
- La. R.S. 13:4202 (judicial interest)
- La. Civ. Code art. 3501 (judgments prescribe in 10 years)
- La. C.C.P. art. 2031 (revival)
- La. C.C.P. art. 2412 (garnishment service)
- La. R.S. 13:3923 (garnishment judgment)
- La. C.C.P. art. 5181 (proceeding without paying costs)
- La. C.C.P. arts. 1231, 1234 (service)
- La. C.C.P. art. 4842 (parish court $20,000)
- La. C.C.P. art. 4907 (new trial, city and parish courts)
- La. C.C.P. art. 4917 (oral pleadings, justice of the peace)
- La. C.C.P. art. 4920 (10-day answer, justice of the peace)
- La. C.C.P. art. 4921 (default, justice of the peace)
- La. R.S. 13:5208 (small claims judgment final after 3 days)
- La. R.S. 13:5209 (small claims removal)
- La. R.S. 13:5211 (small claims citation under art. 4902)
- Louisiana OFI: Judicial Interest Rates
Last checked: Oct 24, 2026.