How to Respond to a Debt Collection Lawsuit in North Dakota
The deadline to answer a debt lawsuit in North Dakota, where to file, and what happens if you don't respond.
Short answer: In a district court civil case you must serve a written Answer on the plaintiff within 21 days after you were served with the summons and complaint, or the plaintiff may get a default judgment. ND Legal Self Help Center, Answering a District Court Civil Action
| Answering a debt lawsuit | In a district court civil case you must serve a written Answer on the plaintiff within 21 days after you were served with the summons and complaint, or the plaintiff may get a default judgment. The answer can include a counterclaim. Small claims cases have their own answer forms. |
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| Time limit to sue on a written contract | 6 years for an action on a contract, obligation or liability, express or implied. North Dakota uses the same period for written and oral contracts. Source: N.D.C.C. 28-01-16(1) |
| How long a judgment lasts | Judgments entered on or after August 1, 2023 may be collected for 20 years. Judgments docketed before August 1, 2021 last 10 years and may be renewed once by affidavit filed within 90 days before the 10 years expire, for another 10 years. The courts' self-help guide says it is unclear whether judgments entered between August 1, 2021 and July 31, 2023 can be renewed. Statute text: https://ndlegis.gov/cencode/t28c20.pdf. Section 28-20-21 (renewal for older judgments) is scheduled for repeal effective August 1, 2031. |
Where to get help in North Dakota
- North Dakota Department of Financial Institutions (licenses and regulates collection agencies)
- File a complaint or claim
More North Dakota debt & collections
- Statute of Limitations on Debt in North Dakota
- Wage Garnishment in North Dakota
- What Creditors Can't Take in North Dakota
- All North Dakota debt & collections rules
FAQ
How do I respond to a debt collection lawsuit in North Dakota?
In a district court civil case you must serve a written Answer on the plaintiff within 21 days after you were served with the summons and complaint, or the plaintiff may get a default judgment. The answer can include a counterclaim. Small claims cases have their own answer forms.
What is the statute of limitations on debt in North Dakota?
6 years for an action on a contract, obligation or liability, express or implied. North Dakota uses the same period for written and oral contracts.
How long does a court judgment last in North Dakota?
Judgments entered on or after August 1, 2023 may be collected for 20 years. Judgments docketed before August 1, 2021 last 10 years and may be renewed once by affidavit filed within 90 days before the 10 years expire, for another 10 years. The courts' self-help guide says it is unclear whether judgments entered between August 1, 2021 and July 31, 2023 can be renewed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.