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North Dakota · Filing guide · Small Claims Court (Small Claims Division of the District Court)

How to file a small claims case in North Dakota, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

North Dakota doesn't require a demand before filing, but asking for payment first can settle things faster.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In North Dakota you can sue for up to $15,000 in the Small Claims Court (Small Claims Division of the District Court).

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and address
  • For a business: its legal name and place of business
  • The amount you're asking for and how you got that number
  • A short plain description of what happened
  • Whether the defendant is in the military (Affidavit of Identification)

Use the company's exact legal name and serve its registered agent.

Search: North Dakota Secretary of State FirstStop business search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Form 2: Claim Affidavit (Small Claims Court). Get the form.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $15,000) and how you calculated it
  • What you did: when you asked for payment and their response

You sign the Claim Affidavit under penalty of perjury; no notary is needed.

Keep one copy of the Claim Affidavit and serve one on each defendant, along with Forms 1 and 7 and blank copies of Forms 3, 4 and 5.

File and pay

Filing day

Choose how you'll file:

OnlineStatewideSelf-represented people may e-file district court papers through Odyssey File & Serve if they choose; filing on paper with the clerk is also allowed. Odyssey File & Serve (North Dakota)
In personFile the Claim Affidavit and the Affidavit of Identification with the Clerk of District Court in the right county and pay the $20 fee.
By mailCall the clerk of district court to ask whether they accept filings by mail.

Usually the county where the defendant lives. For a company, file where it has a place of business or where the claim arose. Lease and deposit disputes go where the property is.

$20 to file the Claim Affidavit (raised from $10 on July 1, 2025). Service by the sheriff or certified mail costs extra. If the defendant moves the case to district court, they pay a $160 fee. Can't afford it? Ask for a fee waiver: Ask the clerk of district court about a fee waiver if you can't afford the costs..

After filing, you serve the Claim Affidavit and blank response forms on the defendant. The defendant then has 20 days to ask for a hearing or move the case.

Serve the defendant

Right after filing

Serve the Claim Affidavit by certified mail with restricted delivery and return receipt, by the sheriff, or by an adult who isn't part of the case. You can't serve it yourself.

After being served, the defendant has 20 days (counting weekends) to ask for a hearing or move the case to district court.

Affidavit of Service (Form 6)

File the Affidavit of Service with the signed green certified-mail card, or the sheriff's Certificate of Service, with the clerk.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

Within 20 days the defendant can ask for a small claims hearing or move the case to district court. An answer or counterclaim (up to $15,000) must be served at least 48 hours before the hearing.

If you settle and get paid, file a Satisfaction of Judgment or ask the clerk how to dismiss the case.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the clerk of district court how to subpoena a witness who won't come voluntarily.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Only the court can change the hearing time
  • Bring receipts, photos, contracts and other evidence
  • Bring your witnesses
  • There's no jury; the judge or referee decides
  • Arrive early and dress neatly

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't respond or doesn't come to the hearing, the court can enter a default judgment. If you don't come, your claim can be dismissed and you may not be able to refile.

After the judgment

Weeks to months

Neither side can appeal a small claims decision. The defendant can avoid this by moving the case to district court within 20 days of being served.

The loser has 30 days from the Notice of Entry of Judgment to pay. After that, you can use a writ of execution through the sheriff, a lien on real estate (not the home), or wage garnishment.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in North Dakota

ND Courts Legal Self Help: Small Claims

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