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Small Claims Division
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City Court of Houma
8046 Main Street
Houma, Louisiana 70360
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How to Use the
Small Claims Court of City Court of Houma
*This is for
information purposes only. Should you need legal advice, you should
contact an attorney even if you intend to handle your own claims.
WHAT IS SMALL
CLAIMS COURT?
Small Claims Court is a division
of City Court of Houma. You may sue to resolve minor civil disputes
or to collect small sums of money which are owed you. The amount of
money for which you may sue in Small Claims Court is currently
limited by law to $3,000.00.
Using Small Claims Court is one of
your rights as a citizen. Individuals may bring suit on their own
without having to hire a lawyer. In Small Claims Court, the
technical rules of evidence are relaxed, and relevant evidence,
including hearsay, is admissible provided the Judge is satisfied of
its reliability, and he has enough competent evidence on which to
base his judgment. A person who sues in Small Claims Court waives
the right to a jury trial, and the judgment of the court may not be
appealed by either party.
THOUGH PROCEDURE IN SMALL CLAIMS
COURT IS RELATIVELY INFORMAL, YOU MUST STILL PROVE, BY COMPETENT
EVIDENCE, THAT THE DEFENDANT OWES YOU THE MONEY YOU ARE SUING FOR.
CITY COURT EMPLOYEES ARE HERE TO
HELP YOU BUT CANNOT GIVE LEGAL ADVICE OR DO THE WORK FOR YOU. THUS,
IF THERE IS ANY INVESTIGATION NECESSARY, YOU HAVE TO DO THIS
YOURSELF OR GET SOMEONE TO DO IT FOR YOU. ALSO, IF YOU NEED LEGAL
ADVICE, YOU SHOULD CONTACT AN ATTORNEY EVEN THOUGH YOU HANDLE YOUR
OWN CASE.
WHO MAY SUE IN
SMALL CLAIMS COURT?
Any individual acting in his own
behalf who is 18 years of age or older may sue in Small Claims
Court; a minor may sue only through a parent or guardian. The person
who files suit is called the PLAINTIFF.
The procedure in Small Claims
Court has been simplified to help you handle your own case. However,
you still have to do the same things an attorney would do - you have
to do all necessary investigations, obtain all necessary
information, file the suit, and subpoena the necessary witnesses for
trial.
WHO MAY BE SUED?
You can use Small Claims Court if:
1. The person being sued
lives in Terrebonne Parish.
2. The person being sued has
a place of business in Terrebonne Parish and the claim arises
out of the conduct of this business.
3. The claim arises out of
an accident that occurred in Terrebonne Parish.
WHAT KINDS OF
SUITS MAY BE FILED IN SMALL CLAIMS COURT?
Suits which may properly be filed
in Small Claims Court include; contractual disputes, actions for
money damages based on injury caused by another person, actions for
possession of personal property excluding real estate, and eviction
proceedings. Common consumer complaints which can be resolved in
Small Claims Court involve; repair problems, breach of warranty,
defective products, unreturned deposits on apartments, undelivered
goods, insurance claims, and damage to property by cleaners or
movers.
In addition to the limitation
based on the amount of money in dispute, the following cases may NOT
be instituted in Small Claims Court; suits involving marriage,
separation or divorce; a State agency or against a parish,
municipality, or other political subdivision; or suits against a
public official performing official duties. Disputes involving
libel, slander, and actions seeking punitive damages are also
outside the jurisdiction of Small Claims Court.
WHERE DO YOU FILE
SUIT?
To file a Small Claim, you must
come to City Court of Houma, located at the corner of Main Street
and Roussell Street, Houma, Louisiana.
HOW DO YOU BEGIN A
SUIT IN SMALL CLAIMS COURT?
Small Claims Court permits oral
pleadings
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