§5220. Reconventional demand beyond jurisdiction; filing in court of competent
jurisdiction; transfer of proceedings
A. If a defendant has a claim against the plaintiff in such action for an amount over
the jurisdiction of the small claims division as provided in R.S. 13:5202, but of a nature
which may be asserted by a reconventional demand as authorized by Code of Civil Procedure
Article 1061, the defendant may assert his claim in the manner provided by this Section, in
order to secure consolidation for trial of the dispute with his own claim.
B. At any time prior to settlement of a claim, the defendant may commence an action
against the plaintiff in a court of competent jurisdiction to assert a claim of the nature set
forth by R.S. 13:5206(A), and file an affidavit that the reconventional demand is in excess
of five thousand dollars with the judge of the small claims division in which the plaintiff has
commenced the small claims action.
C. The defendant shall attach to the affidavit a true copy of his petition or
reconventional demand so filed and shall pay the clerk of the small claims division a
transmittal fee of ten dollars, in addition to the prescribed court costs for filing the
reconventional demand, furnishing a copy of the affidavit and pleading to the plaintiff.
D. The judge shall order that the small claims division action be transferred to the
ordinary docket of the court set forth in the affidavit, and the judge shall transmit to such
court copies of the citation and any pleadings in the small claims action. The actions shall
then be consolidated for trial in such other docket or court.
E. The plaintiff in the small claims action shall not be required to pay to the clerk of
the court to which the action is so transferred any transmittal, appearance, or filing fee;
although, upon adverse judgment, he may be taxed with costs as in the case of any other
defendant.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.