Access to Justice

Short answer

It depends entirely on what the money was for. Small claims court is a money-only court with no power over family-law matters, so:

• If the money is child support (or something a support order covers, like agreed-upon shares of daycare, medical, or school costs) → No. Small claims almost never has jurisdiction over support. You enforce it in the family/divorce court that issued the order, or through your state's child support enforcement agency.
• If it's an ordinary debt unrelated to support (they borrowed money from you, promised to reimburse you for a car repair, owed you rent, ran up a joint credit card and promised to pay it) → Usually yes, as a breach-of-contract/debt claim, if it's under your state's dollar limit.

Scenario 1: There's already a court order for support

Go back to the court that issued it. File a motion to enforce and/or motion for contempt (names vary by state — in Texas it's a "Motion to Enforce Child Support," in California an "Order to Show Cause"/FL-series forms). You can also open a case with your state child support agency (the federal Title IV-D agency), which is free or very low-cost and does not depend on your income — for example, Ohio's county Child Support Enforcement Agency is free to apply to (jfs.ohio.gov). Search "[your state] child support enforcement agency."

The agency route is usually far stronger than any lawsuit you could file yourself, because it can use tools a small claims judge cannot:

• Income withholding / wage garnishment sent directly to the employer
• Interception of federal and state tax refunds
• Suspension of driver's, professional, and recreational (hunting/fishing) licenses
• Liens on real estate and seizure of bank accounts
• Credit bureau reporting
• Denial or revocation of a U.S. passport once arrears reach $2,500
• Contempt, including fines and jail for willful non-payment
• Locating a parent who has moved, including across state lines (agencies are required to cooperate interstate)

Also important: arrears generally accrue interest, in many states a judge cannot waive interest or retroactively reduce past-due support, and in several states there is effectively no statute of limitations on past-due support — though a support judgment may need to be renewed after 10–20 years depending on state law.

Scenario 2: No court order — just a private promise

• If the promise was essentially "I'll pay you $X a month for the kids": a private side agreement between parents is generally not enforceable as child support. You need to file a petition in family court to establish a support order (and, if you were never married, to establish parentage first). Small claims can't set up ongoing support, and filing there risks dismissal and a wasted filing fee.
• If the promise was a separate, ordinary debt: small claims is typically the right venue. Bring the written agreement, texts/emails where they promised to pay, bank records showing partial payments, receipts, and a copy of any demand letter you sent.

Scenario 3: A separation agreement or written settlement

• If it was signed by a judge / incorporated into your divorce or custody judgment, enforce it in family court (contempt, or a motion to reduce the amount owed to a money judgment).
• If it's a private written agreement never filed with the court, some states will let you sue on it as a contract in small claims; others require anything arising from a domestic relationship to stay in family court. Ask the court's self-help center or clerk before you file.

If small claims is the right route, check these

1. Dollar limit — verify on your state judicial branch's website. Examples from official sources: California is $12,500 for individuals and $6,250 for businesses (courts.ca.gov self-help guide); Colorado is $7,500 and its statute stresses that small claims "has only that jurisdiction specifically conferred upon it by law" (C.R.S. § 13-6-403, full text); Texas justice courts go up to $20,000; New York is $10,000 in NYC, $5,000 in city courts, $3,000 in town/village courts. Ignore the "limit charts" floating around commercial websites — several are out of date.
2. Statute of limitations for written vs. oral contracts (commonly 3–6 years, varies by state).
3. Venue — usually the county where the defendant lives or where the agreement was made/breached.
4. Collecting is on you. As California's official guide puts it: "You have to collect the money if you win your case. The court does not do it for you." A judgment against a broke parent can be hard to turn into cash — which is another reason the state agency (with garnishment and license-suspension powers) is often the better tool.
5. Lawyers — most states don't allow attorneys to appear with you in small claims, though you can consult one beforehand.

Free help

• Your state child support enforcement agency (free/low-cost application)
• Your local court's self-help center or law library — they'll tell you whether your claim belongs in small claims or family court
• Legal aid: lsc.gov/find-legal-aid for free civil legal help by ZIP code
• WomensLaw.org — plain-language, state-by-state pages on child support enforcement and court processes

Two things would let me give you specifics: (1) which state you're in, and (2) what the money was for — court-ordered support, agreed add-on expenses, or a separate debt — and whether your agreement was ever signed by a judge.

This is general legal information, not legal advice. If the amount is significant or there's a custody dispute tangled up with the money, a short consultation with a family-law attorney (many offer free or low-cost initial consults) is worth it.

One safety note: if there's any history of domestic violence, using the state agency or an attorney as your point of contact — rather than dealing with the other parent directly — is safer, and most states have address-confidentiality programs so your location isn't disclosed in court filings.

Bottom line for Louisiana: yes, you can — but the hard part will be proving the promise

Because this is a debt/loan claim, not child support, it's an ordinary civil matter. Louisiana's small claims courts handle exactly this kind of case. The catch is Louisiana's unusual rule for oral contracts.

1. Which court, and the $5,000 cap

Small claims in Louisiana lives in one of three places, depending on your parish:

• City Court (Small Claims Division) — e.g., Baton Rouge City Court, First City Court of New Orleans (421 Loyola Ave., Room 201), Second City Court (Algiers/west bank)
• Parish Court (Jefferson Parish)
• Justice of the Peace Court — JPs exist in only about 10 regions of the state and have been abolished in wards where a city court exists

The limit is $5,000 in the "amount in dispute," which does not include interest, court costs, attorney fees, or penalties (per the Law Library of Louisiana's JP Court guide). JP and city courts have concurrent jurisdiction with district court up to $5,000, so you have a choice.

If you're owed more than $5,000: you can either sue for $5,000 in small claims, or file the full amount in the city court's regular civil docket (commonly cited as up to $25,000) or in district court. Ask the clerk which makes sense — the regular docket is slower and more formal.

⚠️ How you word the petition matters. JP and city courts are barred from hearing divorce, annulment, separation, custody, alimony/support, successions, and title-to-real-estate cases. Your claim isn't one of those — but if you plead it as "money he owes me for the kids" or "support he promised," a judge may treat it as a family-law matter and dismiss it. Plead it as a loan / money lent / breach of an oral contract.

2. The big one: La. Civil Code art. 1846

Louisiana has a proof rule most states don't. La. C.C. art. 1846 says an oral contract for a value not over $500 may be proved by competent evidence, but:

"If the price or value is in excess of five hundred dollars, the contract must be proved by at least one witness and other corroborating circumstances."

The Louisiana Supreme Court explained how this works in Read v. Willwoods Community, 165 So. 3d 883 (La. 2015): your own testimony can count as the "one witness," but the corroborating circumstances must come from a source other than you, and they need only be general — not independent proof of every detail of the agreement.

So, gather anything from outside yourself:

• Texts, emails, voicemails, DMs where they acknowledged owing you or promised to pay ("I'll get you next week," "I know I owe you $2,000") — this is your best evidence
• Money-transfer records: Zelle/Cash App/Venmo/PayPal memo lines, bank statements, wire confirmations, cancelled checks, ATM withdrawal receipts
• Any partial repayments they made — extremely powerful; it's corroboration from their own conduct and it destroys a "that was a gift" defense
• Receipts/invoices showing what you paid for and why
• A third-party witness — anyone who was present or heard them promise to pay you back
• A written demand letter and their reply

Expect two defenses: "it was a gift" and "that was for the child, not a loan." Partial payments and written acknowledgments rebut both.

3. Deadline: 3 years (prescription)

Under La. C.C. art. 3494, "an action on money lent" and "an action on an open account" prescribe in three years. Other contract theories carry a 10-year period under art. 3499, but do not rely on that — a loan claim is almost certainly 3 years. It generally runs from when payment was due or when you demanded it. A partial payment or written acknowledgment can interrupt or restart prescription; a lawyer can tell you where you stand.

4. How the case actually runs

Under La. Code Civ. Proc. art. 4921.1:

• You file a petition with the clerk; the justice of the peace or clerk can set it for trial on filing
• The citation states the date, time, and place of trial
• The first trial date is no less than 10 and no more than 45 days after service of the citation
• The defendant doesn't have to file an answer unless the court orders it
• If they're served and don't show up, the judge can enter a default judgment

Venue: generally the parish where the defendant is domiciled (La. C.C.P. art. 42), or where the obligation arose/is to be performed. City courts and JP courts also have territorial boundaries (city limits/wards), so filing in the wrong one gets you dismissed. Call the clerk and give them the other parent's address before you file.

Costs: filing fees run roughly $30–$75 depending on parish, plus a separate fee for service by the constable or sheriff. If you can't afford it, ask about proceeding in forma pauperis (fee waiver).

Lawyers: unlike most states, Louisiana does not bar attorneys from small claims, so you can bring one — or just pay for an hour of advice beforehand.

5. Winning isn't collecting — a Louisiana wrinkle

Louisiana is one of the few states where wages are largely exempt from seizure for ordinary private debts (La. R.S. 13:3881, with exceptions mainly for support, taxes, and federal student loans). Sources conflict on how far the federal 25% cap still applies here, so don't count on wage garnishment — ask the clerk or a lawyer. Your realistic tools after judgment:

• Garnishment of their bank account
• Seizure and sale of property
• Recording the judgment in the parish conveyance/mortgage records to create a lien on real estate they own
• Judgment debtor examination to find assets
• Legal interest accrues on the judgment

6. Do this first (cheap and it builds your evidence)

Send a written demand letter by certified mail, return receipt requested: state the amount, when and how the money was given, when they promised to repay, a deadline (e.g., 10–14 days), and that you'll file in small claims otherwise. Keep a copy. Their reply — or even the green receipt showing they received it — becomes a corroborating circumstance under art. 1846.

7. Free and low-cost help in Louisiana

• Law Library of Louisiana / LEAP — free plain-language guides at lasc.libguides.com, including Justice of the Peace and small claims topics; LEAP is also staffed through many public libraries
• Southeast Louisiana Legal Services (slls.org) or Acadiana Legal Services (acadianalegal.org), depending on your parish — free civil legal aid
• LSBA Modest Means Directory — reduced-cost attorneys
• Your city/parish court clerk's office — most publish "How to Use Small Claims" instructions and a fee schedule (Baton Rouge City Court's is a good example)
• Court listings and addresses: louisianacourts.org/small-claims (unofficial, but useful for finding your court)

To narrow this down, tell me: (1) how much you're owed, (2) roughly when they promised to pay and when payment was due, (3) what evidence you have — any texts, transfer records, or partial payments? — and (4) your parish. With those I can point you at the specific court and tell you whether the 3-year clock is still open.

This is general legal information about Louisiana procedure, not legal advice. Given the art. 1846 proof requirement, a short consult with a Louisiana attorney (or a free legal-aid intake) before you file is genuinely worth it.

Which court: one of the two New Orleans City Courts

Orleans Parish has no Justice of the Peace courts (JPs were abolished in wards where a city court exists). Small claims lives in the Small Claims Division of one of two city courts, and which one depends on where the other parent lives:

• Both handle small claims up to $5,000 (exclusive of interest, court costs, attorney fees, and penalties), and regular civil suits above that (commonly cited as up to $25,000) — so if you later pin the amount above $5,000, you stay in the same building on the civil docket.
• Venue is generally the parish where the defendant is domiciled (La. C.C.P. art. 42), plus the court's own territorial boundary. East Bank address → First City Court. Algiers → Second City Court. If they live in Jefferson, St. Bernard, or another parish, you generally must file there — call the clerk before driving downtown.
• Do not file this in Civil District Court for the Parish of Orleans (400 Royal St.). It's the wrong tool for a $500–$5,000 debt: slower, more expensive, formal pleading rules.
• Call 504-407-0400 (First) or 504-407-0435 (Second) and ask for: their small claims petition form, the current filing fee and service fee, and whether they require anything before filing.

How to word it so it isn't treated as child support

City courts have no jurisdiction over divorce, custody, alimony, or support. If your petition reads like a support case, you risk dismissal and a lost filing fee. The fix is to describe a loan transaction, not a parenting relationship.

Use these words: money lent · advance · personal loan · oral contract · repayment · reimbursement · indebted · breach of contract · legal interest from judicial demand

Never use these words: child support · support · arrears · back support · "for the kids" · "for our child's expenses" · daycare/medical/school costs · custody · visitation · family · divorce · separation

Sample petition (adapt it; the clerk may have its own form)

PETITION FOR MONEY OWED
(MONEY LENT / BREACH OF ORAL CONTRACT)

Plaintiff, [your full legal name], domiciled at [your address],
Orleans Parish, Louisiana, respectfully alleges:

PARTIES AND VENUE
1. Plaintiff is an adult resident of Orleans Parish, Louisiana.
2. Defendant, [their full legal name], is an adult domiciled at
   [their address], within the territorial jurisdiction of this Court.
3. Venue is proper in this Court because Defendant is domiciled
   within its jurisdiction, and because the contract was made and was
   to be performed in Orleans Parish.

STATEMENT OF FACTS
4. On or about [month/year], at Defendant's request, Plaintiff
   advanced to Defendant the sum of $[amount].
5. At the time of the advance, Defendant orally promised and agreed
   to repay Plaintiff that full sum [on or about (date) / upon demand].
6. Plaintiff delivered the funds by [cash withdrawn from (bank) on
   (date) / Zelle transfer dated (date) / cashier's check no. ___ /
   paying Defendant's bill to (creditor) directly].
7. Defendant has repaid $[0 or amount], and has failed and refused to
   repay the balance despite Plaintiff's demands on [dates].
8. Defendant is therefore indebted to Plaintiff in the sum of
   $[amount], plus legal interest from date of judicial demand.

CAUSE OF ACTION
9. Plaintiff's claim is an action on money lent and for breach of an
   oral contract. See La. C.C. arts. 1846, 1906, 2900 et seq.;
   La. C.C. art. 3494(3).

PRAYER FOR RELIEF
WHEREFORE Plaintiff demands judgment against Defendant in the full
amount of $[amount], with legal interest from date of judicial
demand, together with all costs of these proceedings.

Respectfully submitted,
____________________  [signature, printed name, address, phone]
[Sworn/notarized signature block if the clerk requires it]

One honesty check before you file: if the money was really handed over for the child's needs and the promise was framed as "I'll chip in for the kids," a judge may recharacterize it as support — and then the answer is a family-court petition, not small claims. If it was genuinely a loan or a reimbursement for something you paid on their behalf (their rent, their car, their credit card, their phone bill), you're on solid ground. Describe the transaction, not the purpose.

Your real problem is proof — do this before filing

Since the amount is over $500, La. C.C. art. 1846 requires the oral contract to be proved by "at least one witness and other corroborating circumstances." The Louisiana Supreme Court held in Read v. Willwoods Community, 165 So. 3d 883 (La. 2015) that your own testimony can be the "one witness," but the corroboration must come from a source other than you — and it need only be general, not independent proof of every detail.

Right now you say you have nothing. So build it, in this order:

Step 1 — Mine your own records (free, fastest).

• Bank statements/online banking for the period: cash withdrawals matching the amount, transfers, bill payments made for them
• Zelle, Venmo, Cash App, PayPal, Apple Pay histories — export them; memo lines are excellent corroboration
• Search your texts for: $, "pay you back," "owe," "loan," "borrow," "next week," "I'll get you"
• Email, Facebook Messenger, Instagram DMs, WhatsApp
• Voicemails and call logs
• Any receipt, bill, or invoice you paid on their behalf

Step 2 — Send one text designed to get an admission. This is the highest-value step you can take, because it does two things at once:

• It creates the corroborating circumstance from a source other than you that art. 1846 requires
• Under La. C.C. art. 3464, prescription is interrupted when the obligor acknowledges the right of the person against whom it had begun to run — so an acknowledgment can restart the 3-year clock you're worried about

Keep it short, calm, specific about the amount, and with no mention of the child and no threat to sue:

"Hi [name] — I'm getting my records straight. You borrowed $[amount] from me around [month/year] and said you'd pay me back. Can you confirm the amount and tell me when you can pay it?"

If they reply "yeah I know, I'll pay when I can" or "it was $1,200 not $1,500" — screenshot it immediately with their name/number and the date visible, then back it up outside your phone (email it to yourself, save to cloud). Even a partial admission of the amount is powerful.

Step 3 — Send a written demand letter by certified mail, return receipt requested (~$8–$10 at USPS). State the amount, when it was advanced, that repayment was promised, and a 10-day deadline. Keep the green receipt. Their reply — or their silence plus the receipt — is more corroboration.

Step 4 — Identify a witness: anyone present when the promise was made, or who heard the other parent say they owed you. A person who heard them promise is far stronger than a friend you merely told about it.

Only sue for what you can prove. If you believe it's $3,000 but can only corroborate $1,200, plead $1,200 — or plead the larger figure and be ready for the judge to award less.

The date problem

You don't know when it was promised or when it was due. That matters two ways:

• Prescription. "An action on money lent" prescribes in 3 years (La. C.C. art. 3494(3)). Reconstruct the date from bank records, texts, photos, or life anchors ("right after I started the job in spring 2023"), and plead "on or about [month/year]." If it's clearly more than 3 years old with no acknowledgment and no partial payment, the claim is likely prescribed and filing just costs you money — the Step 2 acknowledgment is your way out. Get a lawyer's read before relying on it.
• Pleading. You must allege a date and that payment was due. If no repayment date was ever set, the obligation is payable on demand — plead "upon demand" and allege the date you first demanded repayment.

If the defendant files a peremptory exception of prescription, they normally bear the burden of proving it — but if your own petition shows a time-barred claim on its face, that burden shifts. Another reason not to plead a date you can't support.

What to expect, and what it costs

• You file a petition with the clerk; the citation states the trial date, time, and place (La. C.C.P. art. 4921.1)
• The first trial date is not less than 10 and not more than 45 days after service of the citation
• The defendant need not file an answer unless the court orders it
• If they're served and don't appear, the judge may enter a default judgment
• Filing fee is roughly $50–$100 plus a separate service fee for the constable/sheriff — get the exact schedule from the clerk. Ask about proceeding in forma pauperis (fee waiver) if you can't afford it
• Lawyers are allowed in Louisiana small claims, unlike most states
• Bring: your filed petition, three copies of every piece of evidence (yours, the judge's, the defendant's), a one-page dated timeline, your witness(es), and a calculator showing the exact figure
• Appeals go to the district court

Collecting in Orleans Parish: Louisiana largely exempts wages from seizure for ordinary private debts (La. R.S. 13:3881 — exceptions mainly for support, taxes, and federal student loans), so don't count on garnishing their paycheck. Your realistic tools are garnishing a bank account, seizing property, or recording the judgment in the Orleans Parish Clerk of Court's mortgage/conveyance records to create a lien on any real estate they own. Legal interest runs from judicial demand. If they have no bank account and no assets, a judgment may be uncollectible — worth knowing before you spend the filing fee.

Free help in New Orleans

• First City Court clerk, 421 Loyola Ave., Room 201 — small claims instructions, forms, current fee schedule · 504-407-0400
• Law Library of Louisiana — Louisiana Supreme Court building (Chief Justice Pascal F. Calogero Jr. Courthouse), 400 Royal St., 2nd Floor, New Orleans · 504-310-2400, toll-free in LA 800-820-3038 · Mon–Fri 8:30–4:30. Free and open to the public; librarians will pull art. 1846, art. 3464, and art. 3494 for you and point you to forms. They also run the LEAP guides at lasc.libguides.com
• Southeast Louisiana Legal Services (SLLS) — New Orleans office, 1340 Poydras St., Ste. 600 · 504-529-1000, toll-free 1-877-521-6242 · slls.org. Free civil legal aid if you're income-eligible; serves Orleans Parish
• New Orleans Public Library Virtual Civil Legal Clinic — free attorney appointments by phone/video on the 2nd and 4th Wednesday of each month; sign up through any NOPL branch (nolalibrary.org)
• LSBA Modest Means Directory — reduced-fee Louisiana attorneys

My suggested sequence: (1) pull your bank/app/text records this week; (2) send the Step 2 text and screenshot any reply; (3) send the certified demand letter; (4) call the correct city court clerk to confirm venue, form, and fees; (5) then file. Steps 1–3 cost almost nothing and are what will actually decide whether you win.

This is general information about Louisiana procedure, not legal advice. Because art. 1846 makes proof the whole ballgame here, a free SLLS intake or a Law Library visit before you file is well worth your time.