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1. How do I file for an Eviction?

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. The filing fee cost for an eviction is $128.50 for 1 defendant and $10 for each additional defendant.

2. How can I get a Restraining Order?

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.

3. How much can I sue for in Civil Court or Small Claims Court?

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.

4. How much does it cost to file a Civil Suit or Small Claims Suit?

The cost to file a civil suit is $200 for one defendant and $30 per each additional defendant. The cost to file a Small Claims suit is $74.50 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.

5. What is the statute of limitations for filing a Suit?

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 Service
Baton Rouge Bar Association
544 Main Street
Baton Rouge, LA 70802
Phone: 225-344-9926
Baton Rouge Bar Association Website

Southeast Louisiana Legal Services
715 St. Ferdinand Street
Baton Rouge, LA 70802
Phone: 225-448-0080
Toll Free: 855-512-3980
Southeast Louisiana Legal Services Website

6. How do I file suit in Small Claims Court?

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.

7. The Court entered a judgment ordering the other party to pay me money. When will I get paid and how long is my judgment good for?

• It is your responsibility to collect on a money judgment awarded in your favor.
• A judgment is effective for 10 years. You can extend the time the judgment is effective for by filing the proper motion before the end of the ten-year period. You can continue to try to collect on your judgment for as long as the judgment is in effect and unpaid.

8. Will the Court collect my judgment for me?

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:

• Conducting a Judgment Debtor Rule to determine the judgment debtor’s assets.
• Garnishing the judgment debtor’s wages, bank accounts, and/or other assets until your judgment is paid in full. (Refer to the Garnishment Procedure Guidelines and Forms (PDF) document).
• You should consult an attorney to determine all legal remedies available to you.

9. When can I start collecting my judgment?

You can start collecting your judgment immediately after the legal delays have run/expired.

10. What is a garnishment?

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.

11. What are interrogatories?

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.

12. What is a Garnishment Judgment?

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).

13. What happens if the judgment gets paid in full?

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.

14. Can all of my earnings (wages) be taken by Garnishment?

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.

15. How do I respond to a Garnishment Citation and Take Notice I received regarding one of my employees?

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 Court
233 St. Louis Street
Room 251
Baton Rouge, LA 70802

or

P.O. Box 3438
Baton Rouge, LA 70821

Prior to submitting your answer, please ensure the following actions are complete:

• All interrogatories have been answered.
• It is the original document, and not a photocopy.
• The document has been notarized (original signature required).
• The document contains an original signature of your company’s representative.
• A copy of the document is furnished to the plaintiff or plaintiff’s attorney.
• Failure to begin deductions at once or to timely answer could make the employer (Garnishee) personally liable.
• After you receive the Garnishment Judgment, please make checks payable to:

Baton Rouge City Constable

P.O. Box 1471

Baton Rouge, LA 70821

16. Can I file a Civil Action by fax?

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:

• An additional $5 facsimile transmission fee must be enclosed with each original document transmitted
• The Applicable Civil Court Costs Schedule Pamphlet (PDF) must be enclosed with the original
• The original signed document