Art. 4921.Default Judgment; Justice of the Peace Courts; District Courts With Concurrent Jurisdiction
Book VIII. Trial Courts of Limited Jurisdiction · Title II. Procedure In Trial Courts of Limited Jurisdiction · Chapter 2. Civil Jurisdiction For Justice of the Peace Courts · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 4921 lets a justice of the peace court render a default judgment against a defendant who fails to answer timely or appear at trial, once the plaintiff proves a prima facie case, allows affidavit proof on debts arising from an open account or negotiable instrument, and requires the court to confirm an assigned debt has not prescribed before defaulting it.
Full Text of Art. 4921
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A. If the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
B. When the suit is for a sum due on an open account, promissory note, negotiable instrument, or other conventional obligation, prima facie proof may be submitted by affidavit. When the demand is based upon a promissory note or other negotiable instrument, no proof of any signature thereon shall be required.
C. When the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument, the court may raise an objection of prescription before entering a default judgment if the grounds for the objection appear from the pleadings or from the evidence submitted by the plaintiff. If the court raises an objection of prescription, it shall not enter the default judgment unless the plaintiff presents prima facie proof that the action is not barred by prescription. Upon the plaintiff's request, the court shall hold a hearing for the submission of such proof.
A default judgment lets a plaintiff win without a contested trial when the defendant does not show up to defend the case. Article 4921 permits one in justice of the peace court on either of two triggers: the defendant fails to answer within the delay Article 4920 sets, or the defendant fails to appear at trial. Either way, the plaintiff still has to establish a prima facie case through competent and admissible evidence before the court will sign the judgment; a defendant's absence is not, by itself, enough.
Suits on money debts get a shortcut. When the claim is for a sum due on an open account, a promissory note, a negotiable instrument, or another conventional obligation, the plaintiff can meet that prima facie burden with an affidavit rather than live testimony. And where the debt rests on a promissory note or other negotiable instrument, Article 4921 removes one more hurdle: the plaintiff does not have to prove any signature appearing on the instrument.
Debts that changed hands by assignment get an added safeguard. When the claim is based on a right acquired by assignment in an open account, note, or negotiable instrument, often the mark of a debt-buyer suit, the court may raise prescription on its own if the pleadings or the plaintiff's evidence suggest the claim is time-barred. Once the court raises that objection, it cannot enter a default judgment unless the plaintiff comes forward with prima facie proof the claim has not prescribed, and the plaintiff can ask for a hearing to present that proof.
Frequently Asked Questions
Can I get a default judgment in justice of the peace court if the defendant never answers?
Yes, but only after you establish a prima facie case with competent and admissible evidence. Article 4921 does not grant judgment on the defendant's absence alone.
Can I prove my case for default judgment by affidavit?
Yes, if the suit is for a sum due on an open account, promissory note, negotiable instrument, or other conventional obligation. Article 4921 accepts affidavit proof for those claims, and no proof of signature is required on a note or negotiable instrument.
Why would a court refuse to enter a default judgment on an assigned debt?
Because Article 4921 lets the court raise prescription on its own initiative when the claim was acquired by assignment and the pleadings or evidence suggest it may be time-barred, and requires the plaintiff to prove otherwise before judgment can be entered.
What happens if the defendant answers late but before a default judgment is signed?
A late answer generally forecloses default so long as it is filed before judgment; Article 4921 authorizes default only where the defendant failed to answer timely or failed to appear at trial.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as:default judgment justice of the peace courtArticle 4921 Louisianaaffidavit proof open account justice of the peaceprescription objection default judgment Louisianajustice of the peace debt collection default