If a process server just handed you a stack of papers, take a breath. You are likely looking at a “Petition”—what most states call a summons. It feels like a crisis, but it is actually an invitation to tell your side of the story. In Louisiana, if you do not show up to the conversation, the court assumes the person suing you is right. This leads to a default judgment, which can result in frozen bank accounts or taken wages.
The good news? You can stop that process today by filing a simple document called an Answer. You do not need a law degree to do this, and you do not need to spend thousands on an attorney.
Create your court-ready Louisiana Answer in 15 minutes with DebtAegis.
1. Know Your Deadlines
In Louisiana, time is your most important asset. The clock starts ticking the moment those papers touch your hand. Under Article 1001 of the Louisiana Code of Civil Procedure, your deadline typically follows these rules:
- 21 Days: This is the standard window to file your Answer after being served.
- 30 Days: If the creditor included “Discovery Requests” (questions you must answer under oath) with the Petition, you have 30 days.
- 15 Days: If you filed a preliminary motion (an “Exception”) and the judge overruled it, you usually have only 15 days to file your final Answer.
If you miss these dates, the creditor can move for a default judgment. While Louisiana law requires them to give you a 7-day warning notice before a judge signs that judgment, you should never rely on that grace period. File early.
2. Draft Your Answer
Your Answer is not the place to tell your whole life story. It is a formal response to the specific numbered paragraphs in the Petition. For every allegation the creditor makes, you have three choices:
- Admit: Use this only if the statement is 100% true (like your name or address).
- Deny: Use this for anything you disagree with, especially the amount they say you owe.
- Lack of Knowledge: Use this if you aren’t sure. It has the same legal effect as a denial.
“When in doubt, deny. It is the creditor’s job to prove you owe the money; it is not your job to prove you don’t.”
3. Use Affirmative Defenses
An affirmative defense is a reason why you shouldn’t lose even if the debt was originally yours. In Louisiana, the most powerful defense is often the Statute of Limitations (called “Prescription”).
For credit cards and “open accounts,” the limit is 3 years. If you haven’t made a payment or acknowledged the debt in over three years, the creditor may have lost their legal right to sue you. You must write this defense in your Answer, or the judge will not consider it.
4. Filing and Fees
Louisiana does not have a single, statewide fee for filing an Answer. Costs vary by parish:
- Orleans Parish: Expect to pay around $140.
- Jefferson Parish: Often closer to $25.
- Rural Parishes: Many charge a flat fee of $6 to $10 per page.
Call the Clerk of Court listed at the top of your papers. Ask them, “What is the filing fee for a civil Answer?” They will give you the exact amount and tell you if they accept credit cards or require a money order.
5. Serve the Opposing Side
Filing with the court is only half the battle. You must send a copy of your signed Answer to the lawyer who sued you. Do not just drop it in a blue mailbox. Use Certified Mail with a Return Receipt Requested. This green card is your proof that the lawyer received your response. Keep it in a safe place.
By following these steps, you move from being a victim of a lawsuit to an active participant in your defense. You protect your rights, your paycheck, and your peace of mind.
Ready to fight back? Generate your Louisiana Answer and protect your financial future today.