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How to File in Small Claims Court in North Dakota

A practical filing guide for small claims cases in North Dakota. Designed for self-represented claimants. Not a law firm and not legal advice.

Verified
Source checked: 2026-04-30

North Dakota small claims cover money recovery or cancellation of qualifying fraud/deception agreements of $15,000 or less. Defendant has 20 days after service to request a hearing or remove the case to District Court; there is no jury or appeal in Small Claims Court.

Official source
Filing Fee
$20
Max Claim
$15,000
Court
Small Claims Court (District Court)
Statute
NDCC Chapter 27-08.1; North Dakota Rule of Court 10.2

Step-by-Step Filing Instructions

1

File Claim Affidavit Form 2 and Affidavit of Identification Form 8 with exhibits in District Court

2

Use small claims for money recovery or cancellation of a qualifying fraud/deception agreement of $15,000 or less

3

Make sure no more than six years has passed since the debt date or last payment unless an exception applies

4

Serve the Claim Affidavit and required packet forms on the defendant, then file Affidavit of Mailing/Personal Service Form 6

5

If the defendant does nothing for 20 days after service, the judge may decide default from the filed papers

Required Forms

  • -Form 2 - Claim Affidavit
  • -Form 8 - Affidavit of Identification of Judgment Debtor
  • -Form 6 - Affidavit of Mailing/Personal Service
  • -Form 3 - Defendant's Request for Hearing/Removal, if defending

How to Serve the Defendant

Defendant has 20 calendar days after service to request a hearing or move the case to District Court. If a hearing is requested, it must be held not less than 10 and not more than 30 days after the request.

Tips for Winning in North Dakota

-Bring ALL documentation - contracts, invoices, texts, emails, photos
-Arrive early and dress professionally
-Be concise - judges hear dozens of cases per day
-Stick to facts, not emotions
-Bring copies of everything (one for you, one for the judge, one for the defendant)
-Know the limit - current display: $15,000. Verify with the court source before filing.
-Send a demand letter first to document the claim before escalating

Frequently Asked Questions

Do I need a lawyer for small claims court in North Dakota?

CollectNow is designed for self-represented claimants. It is not a law firm and does not provide legal advice.

How long does the process take?

From filing to hearing, typically 30-60 days in North Dakota. Many cases settle before the hearing after receiving the demand letter.

What if I win but they still don't pay?

You can use enforcement tools like wage garnishment, bank levies, and property liens to collect. CollectNow provides all these documents.

Can I sue someone in North Dakota if they live in another state?

Generally, you must file in the state where the defendant lives or where the transaction/incident occurred.

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