Louisiana Revised Statutes 13:5220 – A. If a defendant has a claim against the plaintiff in such action for an amount over the jurisdiction of the small claims division as provided in R.S. 13:5202, but of a nature which
Terms Used In Louisiana Revised Statutes 13:5220
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. If a defendant has a claim against the plaintiff in such action for an amount over the jurisdiction of the small claims division as provided in La. Rev. Stat. 13:5202, but of a nature which may be asserted by a reconventional demand as authorized by Code of Civil Procedure Article 1061, the defendant may assert his claim in the manner provided by this Section, in order to secure consolidation for trial of the dispute with his own claim.
B. At any time prior to settlement of a claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction to assert a claim of the nature set forth by La. Rev. Stat. 13:5206(A), and file an affidavit that the reconventional demand is in excess of five thousand dollars with the judge of the small claims division in which the plaintiff has commenced the small claims action.
C. The defendant shall attach to the affidavit a true copy of his petition or reconventional demand so filed and shall pay the clerk of the small claims division a transmittal fee of ten dollars, in addition to the prescribed court costs for filing the reconventional demand, furnishing a copy of the affidavit and pleading to the plaintiff.
D. The judge shall order that the small claims division action be transferred to the ordinary docket of the court set forth in the affidavit, and the judge shall transmit to such court copies of the citation and any pleadings in the small claims action. The actions shall then be consolidated for trial in such other docket or court.
E. The plaintiff in the small claims action shall not be required to pay to the clerk of the court to which the action is so transferred any transmittal, appearance, or filing fee; although, upon adverse judgment, he may be taxed with costs as in the case of any other defendant.
Acts 2021, No. 281, §1.
NOTE: See La. Rev. Stat. 13:5226 regarding termination of this Part on Aug. 1, 2025.