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Statutes of Limitations:  La. civil code § 3492 et seq.

 

  • Written contract  10 Years.

  • Oral contract:  10 Years.

  • Injury:   1 Year.

  • Property damage:  1 Year 

 

Frequently Asked Questions?

 

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 Saint Bernard 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 Justice of The Peace Court.   The filing fee cost for eviction is $100.00 for 1 defendant and $10 for each additional defendant.

 

2 . How much can I sue for in Justice of the Peace Small Claims Court?

The maximum amount you can sue for in Justice of the Peace Small Claims Court is $5,000.

 

3. 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.

  • You should consult an attorney to determine all legal remedies available to you.

4.  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.

 

5. What is 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 Saint Bernard Parish 

 

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.

 

Legal Statement:

 

Justice of the Peace employees are not permitted to give legal advice. The information provided is generally asked questions.  You can seek assistance by obtaining an attorney.

 

 

6.  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.

 

7. How can I get a Peace Bond?

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.