North Dakota’s small claims court handles money disputes up to $15,000 [1]. Filing costs $20 [3], there’s no jury and no formal pleadings [2], and the judge’s decision is final: by choosing small claims, you give up an appeal [4].
At a glance
| Item | Rule |
|---|---|
| Money claims | $15,000 or less |
| Cancelling an agreement for fraud, deception, misrepresentation or a false promise | Agreement worth $15,000 or less |
| Counterclaim in small claims | Up to $15,000 |
| Filing fee | $20 |
| Jury | Not allowed |
| Claims bought from someone else (assigned claims) | Can't be filed |
What small claims can handle
Every district judge can sit as the small claims court [1]. Its jurisdiction is limited to cases for the recovery of money and cases to cancel an agreement involving material fraud, deception, misrepresentation or a false promise, when the amount or value claimed by either side is no more than $15,000 [1]. Small claims court can also hear a mobile home park tenant’s claim for civil damages under the mobile home park law [1].
A claim can’t be filed by an assignee [1], so a company that bought someone else’s debt can’t use small claims to collect it. And no garnishment or attachment can issue until after judgment [1].
Where to file
The right county depends on who you’re suing and why [1]:
- A business (corporation, LLC or partnership): any county where it has a place of business, or where the claim arose.
- A bounced check: the county where the check was passed, or where the defendant lives or does business.
- An open credit account against an individual: the county where the defendant lives or does business. If the claim is under $1,000 and isn’t from a phone or mail order, the county where the transaction happened also works.
- A rental or a real estate deposit dispute against an individual: the county where the property is, unless both sides agree in writing to another county.
- Anything else against an individual: the county where the defendant lives.
Except for credit accounts, rental disputes and a few other cases, a defendant can have the case moved to small claims court in their own county of residence [1].
How to file and serve
- Fill out and file a claim affidavit with the clerk of district court [5]. Small claims forms have to be approved by the state court administrator and come from the clerk or the North Dakota Supreme Court’s website [5].
- Pay the $20 filing fee [3].
- Serve the defendant. Either an adult who isn’t a party or interested in the case delivers the affidavit, or you mail it by certified mail with restricted delivery [5]. Along with it goes a form on which the defendant says whether they want a hearing and whether they’re moving the case to district court [5]. Service can generally be made anywhere in North Dakota [5].
If you’re the defendant
You have 20 days after service to send the court your choice: ask for a hearing in small claims, or move the case to district court [5]. If the court hasn’t heard from you in 20 days, or you say you don’t want a hearing, there won’t be one, and a default judgment can be entered against you [5].
If you ask for a hearing, it has to be set 10 to 30 days after the court receives your request [5]. You can file an answer and a counterclaim of up to $15,000; a counterclaim has to be served on the plaintiff at least 48 hours before the hearing [2].
The hearing
The hearing is informal, and a court reporter isn’t required unless a party arranges and pays for one [2]. Both sides can appear without a lawyer [2]. The judge runs the hearing and can ask questions before, during or after it [2]. There’s no jury [2].
Bring your documents, photos, receipts and any witnesses. A judgment is entered even if one side doesn’t show up [7].
After the judgment
The judge enters a written judgment and can award court costs to the winner [7]. A small claims judgment has the same force as a district court judgment for collection purposes [7].
If the judge finds money is owed, the court can ask the debtor, in front of the winner, how they plan to pay, and can question them about their property right at the hearing [2].
No appeal
By choosing small claims, the plaintiff waives the right to appeal to any other court [4]. The defendant waives it too once they receive the order for appearance, unless they move the case to district court [4]. A plaintiff who drops a small claims case is generally treated as dismissing it with prejudice, meaning it can’t be refiled [4].
Sources
- N.D.C.C. § 27-08.1-01: Small claims court, jurisdictional limits, venue
- N.D.C.C. § 27-08.1-03: Informal hearing, answer and counterclaim
- N.D.C.C. § 27-05.2-03: Fees charged by the clerk of district court
- N.D.C.C. § 27-08.1-04: Election to proceed in small claims court irrevocable
- N.D.C.C. § 27-08.1-02: Commencement of action, claim affidavit
- N.D.C.C. § 27-08.1-04.1: Dismissal without prejudice
- N.D.C.C. § 27-08.1-05: Judgment
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What is the small claims limit in North Dakota?
$15,000. Small claims court can hear cases for the recovery of money, or to cancel an agreement involving material fraud, deception, misrepresentation or a false promise, when the value or amount claimed by either side is no more than $15,000.
How much does it cost to file small claims in North Dakota?
The North Dakota Century Code sets the clerk's fee for filing a small claims action in district court at $20. If the judge dismisses the case as one that can't be fairly handled in small claims, the fee is refunded.
How long does a defendant have to respond in North Dakota small claims?
Twenty days after being served. In that time the defendant has to tell the court whether they want a hearing or want to move the case to district court. If the court hears nothing in 20 days, a default judgment can be entered.
Can you appeal a small claims judgment in North Dakota?
Generally no. By choosing small claims, the plaintiff gives up the right to appeal, and the defendant gives it up too unless they move the case to district court instead. A defendant who moves the case and loses has to pay the plaintiff's attorney's fees.