|
GENERAL INFORMATION
CONCERNING FILING OF CLERK’S DOCKET SUITS
|
|
1. |
If you are a plaintiff filing a Clerk’s Docket Suit in Bienville Parish, you must assume the position of representing yourself in a court of law.
|
|
2. |
In no way can the Clerk of Court’s office give you legal advice, or advise you on the validity of your claim. You must be able to furnish a physical address for the defendant.
|
|
3.
|
The filing fee with one defendant is $150.00. An additional $50.00 is required for any additional defendants over one (1).
|
|
4.
|
Clerk’s Docket Suits filed in Bienville Parish are limited to $3,000.00 and costs and interest.
|
|
5.
|
The defendant is issued a Clerk’s suit citation; this citation allows the defendant ten (10) days to answer, deny or settle the suit filed against them.
|
|
6.
|
If no answer is filed within ten (10) days from the date the Sheriff served the party, then you will be entitled to obtain a Judgment against the person sued. You will be sent a notice informing you of the date the defendant was served. After ten days have passed, if no action has been taken by the defendant, you will need to prepare your Judgment and Affidavit of Correctness and bring or mail it to the Clerk’s office. After signing, your Judgment will be recorded in the Mortgage Records of Bienville Parish.
|
|
7.
|
After the Judgment has been signed by the Clerk of Court, the defendant is then served with a Notice of Judgment. After the Notice of Judgment has been served, the defendant then has ten (10) days to appeal that Judgment.
|
|
8.
|
If no appeal is filed, then you will be in a position to garnish the defendant’s wages to collect the amount you have sued for. You must be able to furnish the defendant’s employer’s name and address to the Clerk’s office.
|
|
9.
|
Please keep in mind that a Clerk’s suit can be contested, answered and/or denied by the defendant, either in proper person or through an attorney. If this should occur, then you must be prepared to represent yourself and/or your case in Open Court before a presiding Judge. To set your case for trial, you must file a Motion and Order to Assign Case for Trial and request that you be given at least ten (10) days notice in advance of the setting for trial and give the address of the defendant, so that the defendant may be notified at least ten (10) days in advance of any setting for trial. You must be prepared to prove your claim at the time of the trial.
|
|
10.
|
The Clerk’s Office does not prepare any other pleadings once the case has been contested.
|
|
11.
|
If the defendant wishes to settle the matter before trial, you must call 263-2123 and ask for the costs in the suit so that you may ask the defendant to pay all court costs involved. You as plaintiff must then come into the Clerk’s Office and file a Motion and Order to Dismiss the suit.
|
|
12.
|
The Clerk’s Office holds you, the plaintiff, responsible for any court costs incurred in the filing of a Clerk’s Docket suit. The filing fee is our estimate of what costs are on the average. If the costs should be more than the original filing fee, you will be billed for any excess costs.
|
|
13.
|
Please remember that Clerk’s Docket suits are not like “PEOPLE’S COURT” on TV. This is a legal action where you must
represent yourself.
|
|
