City Court of Slidell: Your Day in Court

Small Claims Court is often called “the people’s court.” This is because lawyers are not involved in presenting the case. The normal strict procedural rules of Civil Court are relaxed so that non-lawyers may present their evidence in Court in a fair, just manner.
Your case will be heard by the City Court Judge or by an Arbitrator appointed by the Judge.
The person hearing your case, whether it is the Judge or an Arbitrator, has full authority to hear the case and make decisions on whether or not you are granted monetary or other damages from the defendant.
Unlike other types of Courts, the Judge or the Arbitrator in Small Claims Court takes an active role in helping all parties in a case give the information that helps form a ruling. For instance, the Judge or Arbitrator will:
- Ask questions to get all the facts necessary and relevant to a judgment
- Take your testimony
- Let you know when there are defenses or claims that you or the other parties may not be aware of since you are not attorneys
- Try to resolve disputes and encourage settlements when possible
Any evidence the Judge or Arbitrator feels is relevant will be admissible, including hearsay
You will not be allowed “discovery,” which means you cannot view the other side’s evidence in advance.
You will not be able to take or use depositions for witnesses in Small Claims Court.
You will not cross-examine the other side or witnesses. Only the Judge or Arbitrator will ask such questions.
Small Claims Court is NOT a court of record. You cannot appeal any decisions made.

Who can use the Small Claims Court?
The Small Claims Court can be used by any individual, partnership, association or corporation for civil claims that do not exceed $5,000. Small Claims cases are simplified, therefore, lawyers are not necessary. Attorneys may appear in the Small Claims division if they are representing themselves.

The defendant may file a written request to transfer their case from Small Claims Court to the regular Civil Court docket. However, you must do this within 10 days of the complaint being served AND you must pay a transfer fee. The request is then submitted to the City Court of East St. Tammany Judge for approval or denial of requested transfer.

If approved, the case then will be removed from the Small Claims Court and transferred into Civil Court. Once a case is transferred, the rules of civil procedure apply to the case, permitting claims in excess of $5,000, attorney representation, and appeal. Upon request by either party, the matter may be continued until it is reset for trial so that both parties have the opportunity to file further pleadings, if necessary.

Things to Consider Before Filing
This is your case. You are solely responsible for prosecuting or defending the claim or recovering any monetary awards.

The Clerk of Court employees are not attorneys and cannot give legal advice.

It is not the Court clerks’ responsibility to advise you if you have a legal claim. The clerk is not responsible for any error you may make in asserting or defending the claim. The Court does not take sides or render an opinion regarding the merits of a claim.

There are certain steps you must follow to pursue your case properly. We have provided the following information to assist you with general procedures in processing your case through the Court. We also have made some forms available online. The complaint form can be filled out on your computer and then printed out. Please see our form [LINK to form] section.

How much does a Small Claims case cost?
Click here [LINK to section in prior page with fees] to go to Schedule of Fees.

When may a Small Claims complaint be filed?
People should try to settle their disputes and disagreements out of Court whenever possible. If an agreement cannot be reached, a Small Claims complaint may be filed. The types of claims that can be filed in the Small Claims division include:

money debts
personal injury
property damage
contracts
deposits
possession of personal property you are due; other than real estate
failure of employer to pay wages, salaries or commissions
defective products and refusal of seller to repair, refund or replace

The types of claims that cannot be filed in the Small Claims division are those for:

divorce, alimony or separation of property
succession
libel or slander
prejudgment remedies
injunctive relief
class actions
traffic violations
criminal matters
claims greater than $5,000
forcible entry or detainer
actions against this state; its political subdivisions or an officer or employee in an official capacity (i.e. State, Parish, City, etc.)

The clerks at the City Court of East St. Tammany are available to answer most questions relating to jurisdiction, venue, pleadings or procedures that this web site cannot answer for you. Please keep in mind that the clerk cannot engage in the practice of law and cannot give you legal advice.

How do you begin suit in City Court of East St. Tammany's Small Claims Court?
The documents that comprise a lawsuit are called “pleadings.” Use the form found online [LINK to form] or pick one up at the Courthouse [LINK to map].

Clerk of Court employees cannot give you legal advice and cannot prepare the form for you.
You will need the following information to fill out the complaint form:

The amount of money for which you are suing
The correct name and address for the defendant or defendants
- You may only sue individuals who reside or operate a business that operates in Wards 8 or 9 (East St. Tammany Parish) in this Small Claims Court
- If a business is being sued
  - Call the Corporation Division of the Louisiana Secretary of State at 225-925-4704 to find out if the business is incorporated or if it is simply using a “trade name” and is not incorporated.
  - If the business is incorporated, you should request the name and address of the registered agent for the corporation. This is the individual who will receive “service” or notice of the suit. You should also find out the address of the registered office of the corporation, as this is the corporation’s “residence.”
  - If the business is NOT incorporated, you must find the name and address of the owner of the business, not the name of the business itself. The owner's name can sometimes be found on licenses or certificates posted in the place of business.
The reason why you believe the defendant owes you money (e.g. “Defendant negligently ran into my car on July 17th of this year, causing damage that he has refused to repair”).
Attach copies of any contracts, leases, bills, receipts, cancelled checks, etc., that support or prove your claim.
You will be asked to sign the pleadings and furnish your telephone number and address where you may be contacted while the lawsuit is active. You must notify the Court of any changes as the Court may need to contact you on short notice.

For how much should you sue?
Sue for the sum of money that represents your loss or the damage caused to you. For example, if the washing machine you just bought for $340 does not work and store refuses to repair it or refund your money, sue for $340 plus court costs and judicial interest.

On a promissory note or open account, sue for the current balance due, plus legal interest and court costs. You must sue for the full amount when you file your complaint. If you decide later that the defendant actually owes you more than you sued for, you will have to start over and pay filing fees again.

What happens after you file suit?
After you file suit, the Clerk of Court’s Office will prepare a “small claims citation” to be served on the defendant(s) along with a copy of your petition. The citation informs the defendant(s) that he or she has been sued and will have 10 calendar days (inclusive of holidays) in which to answer. The defendant’s option to transfer from Small Claims Court to Civil Court will be forfeited if written request to transfer is not received within 10 days of being served.

It is the responsibility of the plaintiff to call and verify whether or not the defendant was able to be served and receive the scheduled court date.

If the defendant cannot be located, the plaintiff must file a written request, and pay any applicable fees, to re-serve the defendant(s) with a new address.

If the defendant has been served and has failed to file an answer or other responsive pleadings within10 days, the plaintiff must still appear in Small Claims Court as scheduled.

How is a Small Claims complaint answered?
After receiving the small claims citation and petition, the defendant has 10 days to file an Answer with the Court. EXCEPTION: When the citation is served through the Louisiana Secretary of State, the defendant has 15 days after being served to file an Answer with the Court.

How is a counterclaim filed?
A counterclaim is a statement by the defendant, not necessarily opposing the plaintiff’s claim, but alleging other facts to establish a claim by the defendant against the plaintiff. The defendant’s counterclaim may also demand money from the plaintiff. If this demand does not exceed $5,000, the case remains in Small Claims Court.

If it exceeds this amount, the defendant may file a claim (or a counterclaim) in the proper Court. The defendant would then file an affidavit in Small Claims Court that the counterclaim is in excess of $5,000. The case will then be transferred to the City Court Civil Docket if it is up to $50,000 or to District Court.

How should you prepare for trial?
Prior to trial, both the plaintiff and defendant should write down the facts and details of the case in the order in which events occurred. Both parties should bring all witnesses and necessary papers (for example: bills, receipts, price estimates, pictures of damage, etc.) with them when they appear for the trial. Copies for the Judge or Arbitrator should be prepared in advance, and provided by the presenting party during the hearing. You will be charged a fee for each copy that must be made by Court personnel.

The plaintiff will have the burden of proving his or her case before the Judge or Arbitrator in Small Claims Court.

If the plaintiff and defendant settle the case prior to the trial, the plaintiff must notify the court, in writing, to dismiss the suit and remove it from docket. Both parties must agree to the dismissal once a settlement has been filed.

What happens at trial?
On the day of the trial, both parties must appear on time before the Judge or Arbitrator and testify. The Court will also hear the defendant’s counterclaim, if one has been filed.

The Judge or Arbitrator will ask the plaintiff to begin first by explaining the reason for the suit and to present any evidence of how he or she has been damaged. The Judge or Arbitrator will ask questions to help get all information that is relevant. Next, the Judge or Arbitrator will have the person being sued explain his or her side and to present any evidence that supports this. Again, the Judge or Arbitrator will ask questions to get all relevant information.

The Judge or Arbitrator will hear and decide the case. He has the duty to ask questions, interview witnesses or any other actions necessary to get facts that allow him to make a fair judgment. He will raise defenses that the parties in the case may not be aware of to assure the proceedings are fair. He may try to get the two parties to agree to a compromise or other solution.

It is the Judge or Arbitrator who will insure the rights of all parties are protected.

After both parties have presented their witnesses, testimony and evidence, the Judge or Arbitrator will make a decision, called a judgment or arbitration award, and record that decision in the Court’s records. In most cases the judgment or arbitration award is announced at trial; however, the Judge or Arbitrator may declare the case is taken under advisement. If so, the Judge or Arbitrator has 30 working days to consider the facts in the case, research the law, make a decision and notify the parties of the judgment or arbitration award by mail.

What happens if I do not appear at the trial?
If the defendant fails to appear at the trial, the Judge or Arbitrator may hear testimony from the plaintiff and his or her witnesses, examine other evidence presented by the plaintiff and enter a judgment or arbitration award against the defendant. If the plaintiff fails to appear at trial, the Court may, and probably will, dismiss the case. If both parties fail to appear, the matter will be dismissed.

If you are the plaintiff

Present your facts in a straightforward manner. Tell the truth; remember, you will be under oath.
Explain to the Judge or Arbitrator why you believe the defendant owes you money, or has failed to live up to his commitments.
Have your witnesses present to give their testimony and bring all your exhibits and extra copies to Court.
The Judge or Arbitrator may question you and your witnesses to obtain the information needed to arrive at a fair decision. Answer all questions directly and honestly.
When you have concluded your case, the Judge or Arbitrator will hear the defendant’s side. Do not speak or interrupt. You will have the opportunity to present additional or “rebuttal” evidence after the Judge or Arbitrator has heard from the defendant so you must wait to speak again until you are asked.
Remember that as the person suing, you have to prove your case to the Judge or Arbitrator in order to get a judgment or arbitration award in your favor.

If you are the defendant

Prepare all your evidence in advance of the day of the hearing.
When the Judge or Arbitrator asks for your response to the plaintiff’s remarks, present your facts in a straightforward manner. Tell the truth; remember, you will be under oath.
Explain to the Judge or Arbitrator why you believe you do not owe the plaintiff any money or other damages. The Judge or Arbitrator will usually ask questions to help you give all the information relevant to your defense. At times, the Judge or Arbitrator may raise a defense for you that you would not be aware of as a non-attorney.
Have your witnesses present to give their testimony and bring all your exhibits and extra copies to Court.
The Judge or Arbitrator may question you and your witnesses to obtain the information needed to arrive at a fair decision. Answer all questions directly and honestly.
When you have finished presenting your information, the Judge or Arbitrator may ask the plaintiff additional questions or allow him to respond to your evidence. Do not interrupt. You will be given an opportunity to respond if needed.

Can the Court's decision be appealed or changed?
Neither party can appeal the decision of the Judge or Arbitrator in a Small Claims case.

How is the judgment collected?
The plaintiff and/or the defendant may be awarded a judgment or arbitration award or the defendant may be awarded a judgment or arbitration award on a counterclaim (if one was filed). The party awarded judgment or arbitration award is known as the Judgment Creditor and the party who the judgment is against is known as the Judgment Debtor.

Once the Judgment or Arbitration Award has been filed with the Court, a certified, true copy is mailed out to both parties.
This decision is final and binding on all parties.
An Arbitration Award is not a Judgment and may not be recorded in the Parish records.
If you require a Judgment, please complete the form mailed to you along with the Arbitration Award and submit with appropriate fees. Additional fees may apply for serving Notice of Judgment on Judgment Debtor.
It is your responsibility to request the Judgment and Recordation.
A formal written demand for payment of the Judgment or Arbitration Award must be presented by the Judgment Creditor to the Judgment Debtor.
If the Judgment Debtor fails to respond to written demand for the Judgment or Arbitration Award, then the Judgment Creditor should seek an attorney to further collect on the Judgment or Arbitration Award.

Small Claims Court does not guarantee payment of your Judgment or Arbitration Award. Further steps may be needed to collect your Judgment or Arbitration Award.

When further steps are needed, you will need to consult with an attorney, who will give you legal advice on the following:

Garnishment of Wages or Judgment Debtor Rule

A Garnishment of Wages can be issued after you make a formal written demand for payment of the Judgment or Arbitration Award amount. A Garnishment of non-earnings can be issued to garnish other assets, such as a bank account or other income property.

You will have to pay additional fees and costs for issuing and serving a Garnishment of Wages and Judgment Debtor Rule.

When you are paid in full you must file a Satisfaction of Judgment with the Court.