‘Small claims’ refers to amounts of $5k or less
Published 10:24 am Wednesday, May 27, 2015
How do you file suit in small-claims court? What are the criteria?
Lawsuits that involve less than $25,000 can be filed in Lake Charles City Court, 118 West Mill St. “Small claims” generally refers to cases whose disputed sums amount to $5,000 or less.
The City Court clerk’s office has forms for various kinds of lawsuits, as does the court’s website. According to an outline of the filing process available on the site, after a plaintiff files a suit or complaint, officials provide the defendant with a copy of the suit or complaint.
The defendant has 10 days to file an answer to the suit or complaint. If the defendant does, then a copy of the answer form is sent to the plaintiff, who must then request, in writing, a spot on the court’s docket for trial.
If the defendant files no answer, the plaintiff can seek a judgment.
The court’s website notes that plaintiffs are responsible for the movement of their case from one step in the process to the next, and it points out that the process costs money.
“The Lake Charles City Court exists as a service to you, however, it is not free. You will be required to pay a deposit before filing your suit. …,” reads the website.
“The deposit is an advance toward the actual costs incurred during the suit. If the costs exceed the deposit, you will be required to post additional deposits as the case progresses.
“The Court cannot guarantee that you will get your money back, even if the judgment is rendered in your favor and the Court orders the defendant to reimburse you for the costs. Whoever files the suit is ultimately responsible to the Court for payment of all costs.”
Some fees and associated processes, according to a list on the site:
$150 — eviction for one defendant; additional defendants are $50 each.
$175 — new suit with one defendant.
$250 — new suit with two defendants.
$325 — new suit with three defendants.
$50 — subpoenas, per person; subpoena-serving officers are $50 each.
$100 — summary judgment.
$20 — recording judgment, one page.
$30 — recording judgment, two pages.
$40 — canceling judgment.
$1 — copies, per sheet.
For more information, call Lake Charles City Court at 491-1564. For information on Sulphur City Court, which also offers the same service, call 527-7006.
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Online: www.lccitycourt.org; www.sulphur.org.
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The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098 and leave voice mail, or email informer@americanpress.com.
(MGNonline)