Legal Question in Civil Litigation in Louisiana

small claims louisiana

i have a default judgement from small claims court in louisiana...i didn't show up because i forgot due to illness...she claimed pain and suffering and paint $150.00...she asked $3000. dollars...she got a judgement for 2,000. The clerks office said i need a notice of motion for new trial form...they don't provide the form...she owes 1 month rent $600. and tore up the place...they said with this form i can get a new date set.. do you have the form and what do i say in it...i want to counter for the $3,000. max...had to fix the place back up

Asked on 5/19/09, 7:17 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: small claims louisiana

From what you are saying, I doubt if you can still file for a new trial. I do not know the what court in which the Judgment was granted, but usually you have 7 days beginning from the day after the clerk mails the notice of Judgment exclusive of legal holidays to file for a new trial. And, you have to have grounds for the new trial. Illness would have probably allowed you a continuance, but I doubt it will allow a new trial. Just because you have a claim against her is not a good reason for a new trial. You should have counter sued in her case. You should probably simply sue her for the back rent and damages.

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Answered on 5/20/09, 7:26 am

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