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ST. Bernard Justice Of The Peace

What Types of "Claims can be filed in the court.

Justice of the peace courts are courts of limited jurisdiction where you can sue for up to $5,000.00. Cases that exceed $5,000.00 cannot be heard in a justice of the peace court and must be sent to the    appropriate city, parish, or district court.2 You may not split your claim into smaller claims to get around the limit. The amount in  dispute does not include interest, court costs, attorney fees, or  penalties.  The following types of cases MAY NOT be heard in JP Court:


  • 1) Any case involving title to immovable property,
  •  2) Any case involving the right to public office or position,
  •  3) Any case in which the plaintiff asserts a civil rights violation,
  • 4) Any claim for the annulment of marriage, separation from bed and board, divorce, separation of property, or alimony, 5) Any succession, interdiction, receivership, liquidation, habeas  corpus, or quo warranto proceeding,
  • 6)  Any case in which the state, parish, municipal, or other political corporation is a defendant, 
  • 7) Any executory proceeding,
  •  8)  Any adoption, tutorship, emancipation, or partition proceeding.
  • 9)  Any in rem or quasi in rem proceeding.
  • A justice of the peace court cannot issue an injunctive order except to enjoin the execution of its own order or to enforce the execution of a judgment issued by the justice of the peace court. An  injunctive order is an order by the court to force an individual or entity to carry out an action at the court’s command. An order from the court commanding an individual or entity to stop doing something would also be considered an injunctive order. 

Glossary of Terms 

Judgment the determination of a court of competent jurisdiction upon matters submitted to it for resolution. 

Jurisdiction the legal power and authority of a court to hear and determine an action and to grant parties the relief to which they may be entitled. 

Litigant A party to a lawsuit; one engaged in litigation; usually spoken of active parties, not of nominal ones.  

Petition a formal written request presented to a court or other official body for a certain act to be performed.  

Plaintiff the party who is filing suit against another  party. 

Pleadings statements of facts that constitute plaintiff’s cause of action and defendant’s ground of  defense in logical and legal form.  

Service of process the communication of court papers to a defendant by formal delivery or another method whereby a defendant is furnished    with reasonable notice of the proceedings against them in order to afford an opportunity to appear and be heard in court.

 Venue The proper place for a legal matter to be pursued, usually because of the place’s  connection to the event giving rise to the legal proceeding, or to the parties synonymous with “place of trial”. 

Damages  Monetary compensation which the law awards to one who has been injured by the action of another recompense for a legal wrong such as a breach of contract or      tortuous act.


Defendant the party or person who is being sued.


 2. recompense for a legal wrong such as a breach of contract or      tortuous act. the party or person who is being sued. formal objection to a court’s  ruling, used to pre



serve for purposes of a future appeal. that which is yet to be executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or event. for, by, or on behalf of one party only, usually without notice to or argument from the      adverse party  a legal process by which money, property, or assets in the hand of a third person which are due to a defendant, are legally delivered to the plaintiff.  a proceeding wherein evidence is taken for purposes of determining an issue of fact or law and reaching a decision on the basis of that evidence.  immovable property land, buildings, and other constructions  judicial interest legal interest, fixed by law, on the principal amount owed in a judgment. This type of   interest is calculated from the original date the judgment is rendered. 

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What is Justice Of The Peace Court

In general, justice of the peace courts (JP Courts) are small claims courts in rural areas and in municipalities in which there is no city court. Justice of the peace courts resolve minor civil disputes and hear claims that do not exceed $5,000.00. A claim, generally speaking, asserts a legal right you may have. The ordinary rules of evidence do not apply in justice of the peace court and all relevant and reliable evidence is admissible.


Typically, a litigant chooses to utilize the justice of the peace court because it is less costly, less formal, and quicker to resolve civil    disputes than through district court. Justices of the Peace are not permitted to give legal advice to any party and do not draft legal documents for litigants. Anyone requiring such services should consult an attorney licensed to practice law in Louisiana.