Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division
La. R.S. 13:5206
in effect13:5206. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division
A. If a defendant in a small claims action has a claim against the plaintiff in the action for an amount over the jurisdiction of the small claims division as set forth in R.S. 13:5202(A), but of a nature that may be asserted by a reconventional demand as authorized by Code of Civil Procedure Article 1061, the defendant may assert the claim in the manner provided by this Section in order to secure consolidation for trial of the small claims action with the defendant's own claim.
B. At any time prior to trial in the small claims action, 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 Subsection A of this Section 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 the defendant's reconventional demand 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 of the small claims division shall order that the small claims division action be transferred to the ordinary docket of the court set forth in the affidavit and shall transmit to that court, if it is other than the court of the small claims division, copies of the citation and any pleadings in the small claims action. The actions shall then be consolidated for trial in the 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, but upon adverse judgment, the plaintiff may be taxed with costs as in the case of any other defendant.
Added by Acts 1977, No. 710, §1; Acts 1987, No. 256, §1; Acts 1999, No. 312, §1; Acts 2026, No. 127, §2.
Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=77965Fetched: 10/20/2026