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Court System:

The state of Louisiana has a fascinating history. The court system in the State of Louisiana has undergone a number of changes since its colonial dominance by France and Spain.  Currently, it consists of the Supreme Court and District Courts.  Credit and collection matters are generally under the jurisdiction of the Civil District Court, within which are Parish, City and Justice of Peace Courts.
 

District Court:  This court generally has exclusive jurisdiction on all civil matters.

Parish, and City Courts:  Jurisdiction of these courts are generally limited to actions in which the amount of dispute does not exceed $10,000.  (This jurisdictional limit may vary in certain geographical areas.  Consult local legal counsel in establishing jurisdiction in actual cases.)

Justice of Peace Courts:  These courts generally have jurisdiction over actions in which the amount in controversy does not exceed $2,000.  (This jurisdictional limit may vary in certain geographical areas.  Consult local legal counsel in establishing jurisdiction in actual cases.)

Statutes of Limitation:

Civil actions generally can be commenced only within certain time limitations.   The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered.

When a cause of action accrues is a critical issue and may be different on a case by case basis.  A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes.  Some of the time limitations relevant to credit and collection matters are illustrated as follows:
 
 

Action on Open Accounts  3 years  C.C. 3494
Action on negotiable instruments and on promissory note  5 years  C.C. 3498
All other personal actions not otherwise enumerated by statute   10 years  C. C. 3497.1

 

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