§5206. Reconventional demand beyond jurisdiction; filing in court of competent
jurisdiction; transfer of proceedings from small claims division
A. If a defendant in a small claims action has a claim against the plaintiff in the
action for an amount over the jurisdiction of the small claims division as set forth in R.S.
13:5202(A), but of a nature that may be asserted by a reconventional demand as authorized
by Code of Civil Procedure Article 1061, the defendant may assert the claim in the manner
provided by this Section in order to secure consolidation for trial of the small claims action
with the defendant's own claim.
B. At any time prior to trial in the small claims action, 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 Subsection A of this Section 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 the defendant's
reconventional demand 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 of the small claims division shall order that the small claims division
action be transferred to the ordinary docket of the court set forth in the affidavit and shall
transmit to that court, if it is other than the court of the small claims division, copies of the
citation and any pleadings in the small claims action. The actions shall then be consolidated
for trial in the 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, but
upon adverse judgment, the plaintiff may be taxed with costs as in the case of any other
defendant.
Added by Acts 1977, No. 710, §1; Acts 1987, No. 256, §1; Acts 1999, No. 312, §1;
Acts 2026, No. 127, §2.