How does a creditor sue a debtor?

When a debtor fails to pay a creditor back, the creditor can take legal steps to seek repayment. In Louisiana, the first step is to serve a written notice of intent to sue on the debtor. This document must be sent to the debtor by certified mail, return receipt requested, or hand delivered. The notice must include a clear statement that the debt is due and that a lawsuit will be filed if it is not paid. After receiving the notice, the debtor has 10 days to make a payment on the debt before a lawsuit can be filed. If the debt remains unpaid, the creditor can then proceed to file a lawsuit with the court in the appropriate parish. This is called a suit on account or open account in Louisiana. The suit must be brought in the parish where the debtor lives or where the cause of action occurred. The suit is filed with the court, and the creditor must serve a copy of the suit on the debtor. The debtor then has 15 days to file an answer or appear in court. In court, the creditor must prove the debt is owed and should produce any documents or evidence to support their claim. If the creditor is successful, the court will issue a judgment in their favor, which will allow them to take legal steps to collect the debt, such as wage garnishment or bank levies. If the debtor fails to appear in court, the court can also issue a default judgment in favor of the creditor.

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