Louisiana Statute of Limitations on Debt: Your Complete Guide
Louisiana gives collectors three to 10 years to sue you depending on your debt type. You have only 15 days to respond to a lawsuit, so act immediately. Using the statute of limitations as a defense can get your case dismissed without prejudice.
Answer Your LawsuitIs a debt collector threatening you with a lawsuit in Louisiana? You need to understand the statute of limitations on your debt. The information below will help you respond effectively to debt collection complaints.
What Is the Statute of Limitations on Debt in Louisiana?
A statute of limitations sets the time limit for creditors to sue you. After this period expires, collectors cannot take legal action against you. They can still contact you, but they cannot file a lawsuit.
Fight Back Against Debt Collectors
You only have 15 days to respond to a Louisiana debt lawsuit. Don't let collectors take advantage of you. Act now to protect your wages and assets.
Answer Your Lawsuit NowLouisiana uses a unique system called “prescriptive periods.” The clock can be interrupted, unlike most other states. When a collector files a lawsuit, the clock stops temporarily. The period resumes counting once the case is dismissed or abandoned.
The clock starts from your last payment or when the debt went delinquent. Understanding these deadlines protects you from invalid lawsuits.
Louisiana Debt Statute of Limitations by Type
| Debt Type | Time Limit |
|---|---|
| Written Contracts | 10 years |
| Oral Contracts | 10 years |
| Open Accounts (Credit Cards) | 3 years |
| Rent | 3 years |
| Promissory Notes | 5 years |
| Money Judgments | 10 years |
Written and Oral Contracts
Contract debts have a 10-year prescription period in Louisiana. The clock starts from the date of breach or your last payment. Most general contracts fall under this category unless specific laws assign different periods.
Open Accounts and Credit Cards
Credit cards, medical bills, and auto loans are open accounts. You have a three-year prescription period from your last payment, purchase, or charge. Credit card companies must act within this window to sue you legally.
Money Judgments
Court judgments have a 10-year prescription period starting from the judgment date. If the judgment is appealed, the clock starts when the appeal concludes. Both domestic and foreign judgments follow this rule.
Promissory Notes
Promissory notes carry a five-year prescription period. The clock begins when your payment becomes overdue. Make sure you know when your note became delinquent.
How Debt Collection Works in Louisiana
Collectors typically contact you before filing a lawsuit. They will call, email, or send letters requesting payment. A lawsuit is usually their last resort after other collection efforts fail.
When a collector files a complaint, you must respond. Never ignore a lawsuit, even if the statute of limitations has expired. Ignoring the case leads to a default judgment against you.
Default judgments allow collectors to garnish your wages and freeze bank accounts. You want to avoid these consequences at all costs.
If you’re facing a debt lawsuit, our partner Solo can help you respond correctly and protect your rights.
How to Answer a Debt Collection Lawsuit in Louisiana
Louisiana gives you only 15 days to respond to a lawsuit. That’s one of the shortest deadlines in the country. You must act quickly and strategically.
Your response is called an “Answer.” A properly crafted Answer can convince the judge to dismiss the case “without prejudice.” Without prejudice means the collector cannot sue you again for the same debt.
If the case is dismissed “with prejudice,” the collector may refile. You want dismissal without prejudice, especially if the statute of limitations has expired.
What Your Answer Must Include
Louisiana does not provide a standard Answer form. You must create your own document. Your Answer must contain these elements:
- Your full name and address
- The plaintiff’s name and address
- Court information including type, address, and name
- The case index number
- The case number
- The amount allegedly owed
How to Respond to Each Complaint
You must address each claim in the lawsuit. You can either admit or deny each allegation. Be specific and honest in your responses.
Next, assert your affirmative defenses. These are reasons why the plaintiff cannot win. Common defenses include:
- You already paid the debt in full or in part
- The debt was previously dismissed in court
- The statute of limitations has expired
- The debt does not belong to you
- The collector lacks proof of ownership
- The amount claimed is incorrect
Filing Your Answer
After completing your Answer, you must file it with the court. Send a copy to the plaintiff as well. Use Certified Mail with Return Receipt to prove delivery.
Keep copies of all documents for your records. Documentation protects you if any disputes arise later.
Fight Back Against Debt Collectors
You only have 15 days to respond to a Louisiana debt lawsuit. Don’t let collectors take advantage of you. Act now to protect your wages and assets.
Simplify Your Response Process
Creating a legally sound Answer in 15 days is challenging. You’re dealing with court procedures, legal terminology, and tight deadlines. Many people feel overwhelmed by the process.
Our partner Solo simplifies everything. The platform guides you through creating your Answer in minutes, not days.
The system asks you specific questions about your case. Your answers generate a properly formatted legal document that meets Louisiana court requirements.
Two Ways to File Your Answer
You can print your completed Answer and mail it yourself. Send copies to both the court and the plaintiff using Certified Mail.
Alternatively, you can have an attorney review your Answer before filing. An attorney ensures your document meets all legal requirements. This option increases your chances of a favorable outcome.
Attorney review is affordable and saves you time. You gain peace of mind knowing your response is professionally prepared.
What Happens After You File Your Answer
After filing, the court will schedule a hearing or conference. The plaintiff must prove they own the debt and you owe it. They must provide documentation supporting their claims.
Many collectors cannot prove ownership or the exact amount owed. If they lack proof, the judge may dismiss the case. Your properly filed Answer forces them to meet their burden of proof.
If the statute of limitations has expired, the judge should dismiss the case. Make sure you clearly state this defense in your Answer.
Protecting Your Rights as a Louisiana Debtor
Debt collectors must follow federal and state laws. The Fair Debt Collection Practices Act (FDCPA) protects you from abusive practices. Collectors cannot harass, threaten, or deceive you.
Louisiana also has consumer protection laws. Collectors who violate these laws face penalties. You may even have grounds to countersue for damages.
Document all communications with collectors. Save letters, emails, and call records. These documents become evidence if collectors violate the law.
When Collectors Violate the Law
Report violations to the Louisiana Attorney General’s Office. You can also file a complaint with the Consumer Financial Protection Bureau (CFPB). These agencies investigate and punish violators.
You have the right to sue collectors who break the law. Successful claims can result in damages up to $1,000 plus actual damages and attorney fees.
Negotiating a Settlement
You can negotiate with collectors even after a lawsuit is filed. Many collectors prefer settlement over lengthy court battles. Settlements save them time and money.
You might settle for less than the full amount owed. Collectors often accept 40-60% of the debt as payment in full. Get any settlement agreement in writing before making payments.
The agreement should state the collector will dismiss the lawsuit. Make sure it includes language releasing you from further obligation on the debt.
Never make payments without a written agreement. Verbal promises are not enforceable. Protect yourself with proper documentation.
Bankruptcy as an Option
If you’re overwhelmed by multiple debts, bankruptcy might help. Chapter 7 bankruptcy can eliminate most unsecured debts like credit cards and medical bills. Chapter 13 creates a manageable payment plan.
Filing bankruptcy stops all collection activities immediately. The automatic stay prevents lawsuits, wage garnishments, and collection calls. You gain breathing room to reorganize your finances.
Bankruptcy has long-term credit consequences. However, it may be your best option if debt is unmanageable. Consult with a bankruptcy attorney to explore your options.
Take Action Today
You have rights as a Louisiana debtor. Understanding the statute of limitations protects you from invalid lawsuits. Responding to debt collection complaints preserves those rights.
Never ignore a lawsuit, even if you believe the debt is old. A default judgment can haunt you for years. Respond within 15 days to protect your wages and assets.
Use available resources to simplify the process. The right tools and guidance make responding to lawsuits manageable. You can defend yourself successfully with proper preparation.