How do I file a small claims case in North Dakota to recover money owed?
In North Dakota, a small claims case to recover money is started by filing a claim affidavit with the district court acting as small claims court. Proceedings are informal, no formal pleadings are required beyond the claim affidavit and order for appearance, and parties may represent themselves at the hearing.
The court’s jurisdiction is limited to money claims (and certain related claims) not exceeding fifteen thousand dollars. If the judge finds money is owing, the court may question the debtor about plans for payment and examine the debtor’s property at the hearing.
Current North Dakota law
Every answer cites the statute
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The deadline that matters
A defendant has 20 days after service of the claim affidavit and form to request a hearing or elect removal to district court; otherwise judgment may be entered by default.
What North Dakota law says
The small claims procedure is set out in statute. The court’s jurisdiction and monetary limit are in N.D.C.C. § 27-08.1-01. Actions are commenced by filing a claim affidavit and serving it on the defendant, as described in N.D.C.C. § 27-08.1-02. The rules provide that no formal pleadings other than the claim affidavit and order for appearance are required and hearings are informal, see N.D.C.C. § 27-08.1-03. A judge may dismiss a case without prejudice if it cannot be fairly disposed of in small claims court, per N.D.C.C. § 27-08.1-04.1. Rules on appearances and who may represent a legal entity in small claims are in N.D.R.Ct. 10.2.
What to do
A common first step is to complete and file a claim affidavit with the district court clerk in the correct county.
A common next step is to arrange service of the affidavit on the defendant by a person of legal age not interested in the case, or by certified mail with restricted delivery as allowed by statute.
A common step is to collect and organize documentary evidence and witnesses to bring to the hearing, using the provided evidence checklist.
A common option is to request a hearing if the defendant does so within the statutory time frame, or to prepare for default judgment if no timely hearing is requested.
A common follow-up is to be prepared to answer questions about the debtor’s ability to pay, since the court may inquire about payment plans or examine assets at the hearing.
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Common questions
Where can I file the claim?
The proper county depends on the defendant and the nature of the claim; the statute lists where actions may be commenced, for example the county of the defendant’s residence or place of business in many cases.
What if the defendant does not respond?
If the court does not receive a request for a hearing or election to remove within twenty days of service, or the defendant says no hearing is requested, a default judgment may be entered.
Can businesses be represented by someone else?
A legal entity may be represented in small claims by an officer, owner, director, trustee, or employee authorized to act on its behalf, under the court rules.
Can I get a jury trial in small claims?
No, a trial by jury is not allowed in North Dakota small claims court.
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This page provides legal information about North Dakota small claims, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
