Sued by a debt collector in Louisiana

In Louisiana you usually have about 21 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Mark your deadline the day you are served. 21 days after you are served in district court, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001). If you do not answer in time, the creditor can ask the court for a default judgment against you. Too old? Louisiana allows 10 years to sue on a written contract, and an older debt can be a defense.

Time to answer: 21 days
Time limit to sue (written contract): 10 years

How long you have to answer in Louisiana

Time to answer: 21 days after you are served in district court, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001). Only 10 days in parish and city courts (La. C.C.P. art. 4903).

Our 48 state guides range from 14 to 30 days to answer; Louisiana's 21 days is about the same as most.

In nearby states

Texas: 14 days
Arkansas: 30 days
Alabama: 14 days

What a default means in Louisiana

If you do not answer in time, the creditor can ask the court for a default judgment against you.

Old debts as a defense in Louisiana

Louisiana's time limit to sue is 10 years for written contracts and 3 years for open accounts (La. Civ. Code art. 3494 (3 years: open account, money lent); art. 3498 (5 years: promissory notes and instruments); art. 3499 (10 years: other personal actions, including most contracts); arts. 3464, 3449, 3450). Be careful before you pay on an old debt in Louisiana: While the time limit is still running: acknowledging the debt interrupts prescription and the clock starts over (La. Civ. Code art. 3464). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).

Check Louisiana's statute of limitations

If the collector wins in Louisiana

Wage limit: Federal limit applies: you keep 75% of your disposable earnings, and never less than 30 times the federal minimum wage per week ($217.50).
Property: Home: up to $35,000 of value; the full value is protected against debts from a catastrophic or terminal illness or injury (La. R.S. 20:1).

Louisiana's garnishment rules

Suing a collector who breaks the rules in Louisiana

In general terms: the law keeps your right to sue for damages under Civil Code article 2315 (La. R.S. 9:3562(5)). It sets no fixed damages amount. You can also sue a debt collector under the federal FDCPA.

What to do if you are sued in Louisiana

Confirm the case with the court
Look it up with the court yourself, not through a number on the papers.
Count the days
In Louisiana: 21 days after you are served in district court, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001).
File a written answer
File the answer with the clerk and mail a copy to the collector's lawyer.
Check every defense
Is it yours, is the amount right, did you pay, is it older than Louisiana's 10 years for written contracts?
Show up in court
Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Free help in Louisiana

Questions about debt lawsuits in Louisiana

How long do I have to answer a debt lawsuit in Louisiana?

21 days after you are served in district court, or 30 days if discovery requests were served with the petition (La. C.C.P. art. 1001). Only 10 days in parish and city courts (La. C.C.P. art. 4903).

What happens if I don't answer a debt lawsuit in Louisiana?

If you do not answer in time, the creditor can ask the court for a default judgment against you.

What if the debt is too old to sue on in Louisiana?

Related Louisiana pages

Sources

Last checked: Oct 24, 2026.

Federal sources