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Services
The Judge and/or employees of Sulphur City Court are not allowed to give legal advice. The technical rules of evidence are relaxed and all relevant evidence is admissible provided the Judge is satisfied as to its reliability, and the Judge has sufficient evidence on which to base the judgment. Through the procedure at Sulphur City Court is relatively informal, you must still prove by the competent evidence that the defendant owes you the money you seek. You do not have to have a lawyer in this court, but it is advisable to get the legal advice before you file a lawsuit. If you cannot afford to hire a lawyer, you may contact the Southwest Louisiana Legal Services at (337) 436-3308.
The Sulphur City Court exists as a service to you, however, it is not free. You will be required to pay a deposit before filing your suit. The Clerk’s Office can provide you with a schedule of fees and tell you how much the deposit will be. The deposit is an advance toward the actual costs incurred during the suit. If the costs exceed the deposit, you will be required to post additional deposits as the case progresses. The Court cannot guarantee that you will get your money back, even if the judgment is rendered in your favor and the Court orders the defendant to reimburse you for the costs. Whoever files the suit is ultimately responsible to the Court for payment of all costs. We accept payments of Cash, Money Order, Business Check or Credit Card. If a credit card is used, then a 5% transaction fee is collected in addition to the payment. Please see Louisiana Statue R.S. 13:1898.
STEPS TO TAKE WHEN FILING AN EVICTION WITHIN WARD 4,
SULPHUR, CARLYSS & WESTLAKE
WHEN A LEASE IS INVOLVED (6 MOS, ANNUAL or OTHERWISE):
An Eviction can be filed for whatever reason a landlord sees fit. A lease is a legal binding agreement between a lessor (landlord) and lessee (tenant). At any time the tenant breaks a clause in a lease, for whatever reason, it is the responsibility of the landlord to follow the steps outlined below in order to property evict the tenant:
1. If the tenant has signed a WAIVER within the lease contract, waiving their rights to a 5 day eviction notice, immediate action within the court can be taken.
2. If there is NO WAIVER, the landlord MUST provide the tenant with a 5 DAY WRITTEN NOTICE TO VACATE PREMISES. This must consist of (a) 1 Tenant's Copy of the Eviction Notice for either Non-Payment or Other Reasons (b) a Landlord's Copy of the eviction notice bearing the signature of the landlord as well as signatures of TWO (2) additional WITNESSES of the age of majority.* The Landlord is to maintain his/her copy of the notice for their records. This Notice will be used for filing for an Eviction Hearing.
3. A five day eviction notice includes 5 full (24 hour) business days. This does NOT include weekends and/or holidays. Days are to be counted starting the first possible day after the eviction notice was posted. On the 6th day, the Landlord is able to file for an Eviction Hearing at the Sulphur City Court.
4. Landlord is to bring their copy of the Eviction Notice to the Court along with any documentation of violations as per the reason for eviction. (i.e., ledgers, pictures, lease agreements, police reports, etc.) Note: It is important to list all causes for eviction.
5. The Court will set the earliest possible date for hearing, which is to be no sooner than 3 business days from the date of filing.
WHEN A LEASE IS NOT INVOLVED OR LEASE IS SET ON MONTH TO MONTH:
When a lease has not been signed by Lessor and/or Lessee, or the original lease has expired and no new agreement was signed, the Landlord must follow the steps below:
1. The landlord MUST provide the tenant with a 10 DAY WRITTEN NOTICE TO VACATE PREMISES. This must consist of (a) 1 Tenant's Copy of the Eviction Notice for either Non-Payment or Other Reasons (b) a Landlord's Copy of the eviction notice bearing the signature of the landlord as well as signatures of TWO (2) additional WITNESSES of the age of majority.* The Landlord is to maintain his/her copy of the notice for their records. This Notice will be used for filing for an Eviction Hearing.
2. A ten day eviction notice includes 10 full (24 hour) calendar days. This includes weekends and holidays. Days are to be counted starting the first possible day after the eviction notice was posted. On the 11th day, the Landlord is able to file for an Eviction Hearing at the Sulphur City Court.
3. Landlord is to bring their copy of the Eviction Notice to the Court along with any documentation of violations as per the reason for eviction. (i.e., ledgers, pictures, lease agreements, police reports, etc.)
4. The Court will set the earliest possible date for hearing, which is to be no sooner than 3 business days from the date of filing.
· The witnesses are signing that they saw the Tenant (or other person) served or saw the landlord place the notice on the door.
FORMS
5 Day Eviction Notice
10 Day Eviction Notice
Statement of Claim and Citation
How to Use the Small Claims Division of Sulphur City Court
Notice used when tenant is outside the terms of the lease signed by all parties or No Lease is in effect.
Tenant copy will be posted on the door and landlord's copy to be signed and witnessed by two (2) additional people. Landlord's copy to be retained by landlord in order to request Eviction hearing.
Eviction Deposit
One defendant ....... $139.00 Two defendants ...... $212.75
Three defendants .. $286.50 Four defendants ..... $360.25
Writ of Ejectment: $37.00
Small Claim Deposit
(Damages up to $5000.00)
One defendant ...... $250.50 (service within Ward 4)
$300.00 (service outside Ward 4)
Each additional defendant ....... $100.00
New Suit Deposit
(Damages from $5000.00 - $50,000.00)
One defendant ...... $300.50 (service within Ward 4)
$350.00 (service outside Ward 4)
Each additional defendant ....... $100.00