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Started By
Message
Legal Question, Parish of Jurisdiction?
Posted on 9/23/24 at 12:56 pm
Posted on 9/23/24 at 12:56 pm
If someone purchases materials from me, and then doesn't pay me for said materials, which parish would have jurisdiction over this alleged violation?
Let's call my parish EBR and his XYZ. My business is in EBR, and his is in XYZ.
One more question that I would think would vary by parish/court, what's the limit for small claims court? In this case, the amount owed is a little less than 10 grand.
Your help is appreciated.
Let's call my parish EBR and his XYZ. My business is in EBR, and his is in XYZ.
One more question that I would think would vary by parish/court, what's the limit for small claims court? In this case, the amount owed is a little less than 10 grand.
Your help is appreciated.
3
Posted on 9/23/24 at 1:11 pm to Grassy1
Put a contractors lien on the property
Posted on 9/23/24 at 1:17 pm to Grassy1
You can bring this in either parish. This wouldn't be small claims I don't think, but you can file in city court. Quicker process and lower fees.
Posted on 9/23/24 at 1:25 pm to Grassy1
quote:
One more question that I would think would vary by parish/court, what's the limit for small claims court? In this case, the amount owed is a little less than 10 grand.
This could work in any city court, if you're within the jurisdiction (typically they're by ward, so it may allow some things outside of the city limits)
quote:
If someone purchases materials from me, and then doesn't pay me for said materials, which parish would have jurisdiction over this alleged violation?
What is the nature of this relationship?
Was this a one-time purchase scenario? Likely a contract.
quote:
the parish where the contract was executed or the parish where any work or service was performed or was to be performed under the terms of the contract.
Is this a regular customer who orders regularly then gets an invoice? This would possibly be an open account
quote:
An action to collect an open account may be brought in the parish where the open account was created or where the services that formed the basis of such open account were performed, or in the parish of the domicile of the debtor.
Open accounts can get you attorney's fees. You'll only get attorney's fees in a contract dispute if the contract grants this to either party.
Posted on 9/23/24 at 1:59 pm to SlowFlowPro
Thank you, this is (well, was) an ongoing customer, reflecting multiple invoices.
Posted on 9/24/24 at 5:37 am to Grassy1
Sounds like an open account claim, which can get you attorney fees if you have an attorney and prevail. Louisiana Revised Statutes 9:2781.
BR city court website says it has jurisdiction "over cases involving disputes valued at $35,000 or less, and our small claims court handles cases up to $5,000." It's territorial jurisdiction "shall extend throughout the territorial area of the city of Baton Rouge as extended from time to time." I guess St George is now excluded. If a case is beyond the jurisdiction of the city court, you'd file in the parish district court (19th JDC for EBR).
Many times, when you sue a deadbeat on a debt, you still don't collect even if you get a judgment against them. If they don't or can't pay, you can try garnishing bank accounts or seizing and selling their property (if they have any not exempt under law), which can be an expensive and time consuming PITA, or just file the judgment in parishes where they own land (if they do), which may force them to satisfy the judgment if they ever want to sell that property with clear title. Or they might file bankruptcy, which could net you a little or nothing.
Good luck. And don't go filing a lien unless you know a hell of a lot about the Private Works Act. People often suggest doing this, but you can get the hell sued out of you for wrongfully filing a lien and end up owing attorney fees yourself.
BR city court website says it has jurisdiction "over cases involving disputes valued at $35,000 or less, and our small claims court handles cases up to $5,000." It's territorial jurisdiction "shall extend throughout the territorial area of the city of Baton Rouge as extended from time to time." I guess St George is now excluded. If a case is beyond the jurisdiction of the city court, you'd file in the parish district court (19th JDC for EBR).
Many times, when you sue a deadbeat on a debt, you still don't collect even if you get a judgment against them. If they don't or can't pay, you can try garnishing bank accounts or seizing and selling their property (if they have any not exempt under law), which can be an expensive and time consuming PITA, or just file the judgment in parishes where they own land (if they do), which may force them to satisfy the judgment if they ever want to sell that property with clear title. Or they might file bankruptcy, which could net you a little or nothing.
Good luck. And don't go filing a lien unless you know a hell of a lot about the Private Works Act. People often suggest doing this, but you can get the hell sued out of you for wrongfully filing a lien and end up owing attorney fees yourself.
Posted on 9/24/24 at 6:14 am to SlowFlowPro
quote:
Is this a regular customer who orders regularly then gets an invoice? This would possibly be an open account
OAs are looked at a little differently now and easier to fit under the statute. LASC did away with the requirement of future transactions contemplated or running balance. Just FYI
Posted on 9/24/24 at 8:23 am to Dixie Normus
quote:
OAs are looked at a little differently now and easier to fit under the statute. LASC did away with the requirement of future transactions contemplated or running balance. Just FYI
Ah interesting. When?
I guess I need to update my copy/paste briefs
Posted on 9/24/24 at 6:01 pm to SlowFlowPro
Check out Frey Plumbing. It was in 2010 I believe—it’s not necessarily new but for some reason it buries itself in Westlaw every time I go looking for it.
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