FOR HOW MUCH SHOULD YOU SUE?

Sue for the sum of money which represents your loss or the damage caused you. For example, if the the washing machine you just bought for $340 does not work and the store refuses to repair it or refund your money, sue for $340 plus court costs and judicial interest.
On a promissory note or open account, sue for the current balance due, plus legal interest and court costs. You must sue for the full amount when you file the original pleadings. If you decide later that the defendant actually owes you more than you sued for, it will be necessary for you to file an amended or supllemental petetion. You will have to hire an attorney to prepare this petition for you.

If you receive a judgment in your favor, you can claim interest on the sum of money owed running from the date you originally filed suit until the money is actually paid. This is known as "judicial interest" and the rate is fixed by law.

Court costs are usually but not always assessed against the losing party. However, if you file suit and then agree to an out-of-court settlement, you must still pay the court costs even though you dropped the suit.

WHAT HAPPENS AFTER YOU FILE SUIT?

After you file suit, the Clerk's Office will prepare a "citation" to be served on the defendant along with a copy of your petition. The citation informs the defendant that he has been sued and will have ten (10) calendar days (inclusive of holidays) in which to answer. If and when the defendant is served, a post card will be mailed to you giving you the date of service and the docket number of your case. If the defendant cannot be located, you will not be able to proceed with your suit without the assistance of an attorney. If the defendant has been served and has failed to file an answer or other responsive pleadings within ten (10) days, you must write the Clerk's Office and request that a judgment be rendered. If your claim is based on an open account, negotiable instrument, or other conventional obligation, and if there is sufficient evidence contained in your pleadings, your personal appearance may not be necessary. In that case, the Judge will review the record and sign a judgment. If not, you will be assigned a date to appear before the Judge and present your witnesses and evidence for confirmation of a "default judgment".