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North Dakota · Small claims guide · Updated Oct 2026

Get your money back in North Dakota small claims court

A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In North Dakota you can sue for up to $15,000 in the Small Claims Court (Small Claims Division of the District Court), without hiring a lawyer. Check your case below, then follow six steps.

$15,000Max you can sue for
$20Filing fee
OptionalLawyers allowed, not required
1–2 monthsTypical wait from filing to hearing

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    How to sue in North Dakota small claims, step by step

    1. Ask for payment in writing

      North Dakota doesn't require a demand before filing, but asking for payment first can settle things faster. A short, dated demand letter is the best proof. Use the generator below and keep a copy.

    2. Pick the right court

      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.

    3. Fill in the claim Form 2

      Claim Affidavit (Small Claims Court). If the defendant asks for a hearing, it's held 10 to 30 days after the court gets the request.

    4. Pay the filing fee

      $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. If you 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..

    5. Have the papers served

      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.

    6. Prepare for the hearing and collect

      Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. 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.

    Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.

    Open the filing guide

    What's different in North Dakota

    Free demand letter

    Fill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.

    Your details stay in your browser. Nothing you type here is sent to our server.

    About you
    Who owes you
    Your demand

    Don't put your bank account number in the letter. A check or Zelle to your phone or email is enough.

    Deadlines to sue in North Dakota

    Miss this date and the court will dismiss your case, however strong it is. Some injury claims, like assault or malpractice, have a 2-year deadline. Fraud deadlines run from when the fraud was discovered.

    Type of claimDeadline
    Broken written contract (lease, invoice, signed agreement)6 years
    Broken verbal agreement6 years
    Damaged property6 years
    Personal injury6 years
    Fraud6 years
    Libel or slander2 years
    Claims against a government agencyTo sue the State of North Dakota, you must first give written notice to the director of the Office of Management and Budget within 180 days after you discover the injury.

    Common questions

    Can I bring a lawyer?

    Yes, but not needed. Both sides can appear without a lawyer, and the judge or judicial referee helps each side tell its story.

    What if I'm owed more than $15,000?

    You can sue for up to $15,000. Businesses have the same limit. Someone who bought or was assigned a claim (like a collection agency) can't file it in small claims. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.

    Can I appeal if I lose?

    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.

    Can I get an interpreter?

    Ask the clerk of district court for an interpreter well before your hearing.

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