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A Garnishment is a way of collecting a debt where the judgment creditor withholds money or property that belongs to the judgment debtor that is in the possession or control of another person.
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A tenant can be evicted by following our Eviction Procedure Guidelines (PDF). The rental property must be located within East Baton Rouge Parish. Generally speaking, a copy of the lease or a copy of the five-day Notice to Vacate must be provided in court, and the eviction suit is initiated with the Court by filing a Rule to Evict. A Rule to Evict form is provided by the Civil Division, located in Room 251.
This Court has jurisdiction to issue restraining orders and injunctions under La. Code of Civil Procedure Article 3601, et seq. A person may seek an injunction against another person in cases where “irreparable injury, loss or damage may otherwise result to the applicant.” The purpose of a restraining order or injunction is to prevent any further abuse. For more details and for understanding on how restraining orders are handled in court, view the Restraining Order page.
The maximum amount you can sue for in Small Claims Court is $5,000 and the maximum amount you can sue for on the regular Civil docket for this Court is $35,000.
The cost to file a civil suit is $208 for one defendant and $30 per each additional defendant. The cost to file a Small Claims suit is $82.50 for one defendant and $35 per each additional defendant. There may be additional costs for service to be made on the defendant, which can vary depending on where service is required and what agency must serve the paperwork. Please refer to our Civil Court Costs Schedule Pamphlet (PDF) for a listing of civil costs and for more information about service fees.
Different types of suits may have different time limitations on when a suit must be brought before the filing of the action is prescribed, or barred, by law. It is recommended that you speak to an attorney for an answer to legal questions like this. City Court employees are not permitted to give legal advice. You can seek assistance in obtaining an attorney by contacting one of the following agencies:
Lawyer Referral ServiceBaton Rouge Bar Association544 Main StreetBaton Rouge, LA 70802Phone: 225-344-9926Baton Rouge Bar Association Website
Southeast Louisiana Legal Services715 St. Ferdinand StreetBaton Rouge, LA 70802Phone: 225-448-0080Toll Free: 855-512-3980Southeast Louisiana Legal Services Website
You can bring an action in Small Claims court if you are suing for $5,000 or less. The normal Rules of Evidence do not apply in Small Claims Court; however, the decision of the Court cannot be appealed. There are also restrictions on what types of actions you can bring in Small Claims Court, as described in our Civil Court Costs Schedule Pamphlet (PDF) that is available in our Civil Division, Room 251. You can also obtain a copy of this brochure through the mail by calling 225-389-3017.
No. It is your responsibility to take any and all legal action necessary to collect on your judgment from the judgment debtor. Some actions you can use to help collect your judgment include:
You can start collecting your judgment immediately after the legal delays have run/expired.
Interrogatories are written questions that must be answered under oath by the Garnishee. The garnishee must file his sworn answers to the interrogatories within 15 days from the date of service. If the garnishee fails to answer within the delay period, the judgment creditor may proceed by contradictory motion against the garnishee for the amount of the unpaid judgment, with interest and costs.
The “Garnishment Judgment” is an order instructing the garnishee to deliver the judgment debtor’s wages and/or commission to the Constable of the City of Baton Rouge.
The Constable’s Office is responsible for the disbursement of funds to you; therefore, any questions you may have concerning the seized wages and/or commissions are to be directed to their office at 225-389-3004. (Refer to the Garnishment Procedure Guidelines and Forms found in the civil forms section of our website).
It is the responsibility of the judgment creditor to complete a “Satisfaction of Judgment” and file it with the court. If the judgment creditor placed a lien on real property (such as a house or land) belonging to the judgment debtor, this will need to be cancelled by the judgment creditor with the Office of the Clerk of Court and Recorder of the parish where the lien was placed.
No, only part of your earnings can be taken by garnishment. You should contact an attorney or other legal service provider if you have questions regarding income exemptions.
Carefully read all of the instructions contained in the documents served on you. The Interrogatories must be answered under oath and in writing within 15 days from date of service and filed with the:
Office of the Clerk of Baton Rouge City Court233 St. Louis StreetRoom 251Baton Rouge, LA 70802
or
P.O. Box 3438Baton Rouge, LA 70821
Prior to submitting your answer, please ensure the following actions are complete:
Baton Rouge City Constable
P.O. Box 1471
Baton Rouge, LA 70821
The Clerk’s Office accepts civil filings through facsimile means. The number to the Civil Division to fax file a document is 225-389-5260. In accordance with L.R.S 13:850, the following is required to be forwarded to the Clerk’s Office within 7 days of the fax filing, exclusive of legal holidays, for the facsimile filing to have full force and effect:
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