North Dakota Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in North Dakota: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for North Dakota
- Small claims limit
- $15,000. Small claims court hears cases for recovery of money, a mobile home park tenant's civil damages claim under N.D.C.C. 47-10-28(9), or cancellation of an agreement involving material fraud, deception, misrepresentation or false promise, when the agreement's value or the amount claimed does not exceed $15,000. N.D.C.C. 27-08.1-01(1)
- Filing fee
- $20 to file a small claims action in district court. A filing fee waiver can be requested. N.D.C.C. 27-05.2-03(1)(e)
- Are lawyers allowed?
- Parties may appear without a lawyer; the statute does not bar attorneys. The hearing is informal and the judge may conduct their own inquiry. If the defendant removes the case to district court and the plaintiff wins there, the district court must award the plaintiff attorney's fees. N.D.C.C. 27-08.1-03, 27-08.1-04
- Appeals
- No appeal. By choosing small claims court the plaintiff waives any appeal, and the defendant waives appeal upon receiving the order for appearance unless the defendant removes the case to district court. N.D.C.C. 27-08.1-04
Court: Small Claims Court (a division of the District Court). Last verified: 2026-10-24.
How to file a small claims case in North Dakota
- Confirm your claim is for money (or cancellation of a fraudulent agreement) of $15,000 or less and that you are not filing as an assignee of someone else's claim.
- Complete the Claim Affidavit (Form 2) and the Affidavit of Identification (Form 8) from the North Dakota Courts small claims forms packet.
- File the forms with the clerk of district court in the correct county and pay the $20 filing fee, or ask for a fee waiver.
- Serve the claim affidavit and the defendant's response form by a non-party adult or by certified mail with restricted delivery, then file the Affidavit of Mailing/Personal Service (Form 6).
- The defendant has 20 days to request a hearing or remove the case to district court; if the defendant does nothing, the court may enter a default judgment.
- If a hearing is requested, it is set 10 to 30 days later; bring your documents and witnesses, as there is no jury and no appeal.
- If you win and are not paid, use collection tools such as a writ of execution or garnishment.
Can you use small claims court?
| Small claims limit | $15,000. Small claims court hears cases for recovery of money, a mobile home park tenant's civil damages claim under N.D.C.C. 47-10-28(9), or cancellation of an agreement involving material fraud, deception, misrepresentation or false promise, when the agreement's value or the amount claimed does not exceed $15,000. Source: N.D.C.C. 27-08.1-01(1) |
|---|---|
| Who can file | Any person may start a case by filing a claim affidavit. A claim may not be filed by an assignee of that claim, so debt buyers and collection agencies holding assigned claims cannot use small claims court. |
| Are lawyers allowed? | Parties may appear without a lawyer; the statute does not bar attorneys. The hearing is informal and the judge may conduct their own inquiry. If the defendant removes the case to district court and the plaintiff wins there, the district court must award the plaintiff attorney's fees. Source: N.D.C.C. 27-08.1-03, 27-08.1-04 |
Filing your case
| Where to file | Corporations, LLCs and partnerships: any county where the defendant has a place of business or where the claim arose. Individuals: generally the county where the defendant lives. Lease of real property or earnest-money/deposit disputes on a purchase contract: the county where the property is located, unless both parties agree in writing to another county. Bad-check and open-account claims have their own venue rules. Except for lease, open-account, utility and mobile home park claims, the defendant may move the case to small claims court in the county where the defendant lives. Source: N.D.C.C. 27-08.1-01(2)-(3) |
|---|---|
| Official forms | North Dakota small claims court handles claims of $15,000 or less. The court's Small Claims Court Forms Packet includes Small Claims Court Information (Form 1), the Claims Affidavit (Form 2) that starts the case, the Affidavit of Identification of Judgment Debtor (Form 8), and the Affidavit of Mailing/Personal Service (Form 6), filed after the defendant is served. File the Claims Affidavit and Affidavit of Identification with exhibit copies at the clerk of court; the forms can be filled in on a computer and printed or handwritten in blue or black ink. |
| Filing fee | $20 to file a small claims action in district court. A filing fee waiver can be requested. Fee waiver request information: https://www.ndcourts.gov/legal-self-help/fee-waiver Source: N.D.C.C. 27-05.2-03(1)(e) |
| Filing online | Self-represented litigants are exempt from mandatory e-filing and may file on paper; those who choose to file electronically must use the Odyssey e-filing system. Source: N.D.R.Ct. 3.5(a)(3) |
| Serving the defendant | The plaintiff serves the claim affidavit and the defendant's response form either by having an adult who is not a party or interested in the case deliver it, or by certified mail with restricted delivery. Service may be made anywhere in the state (except lease-of-real-property cases). The plaintiff then files an Affidavit of Mailing/Personal Service with the clerk. Source: N.D.C.C. 27-08.1-02 |
Before and at the hearing
| When the hearing happens | A hearing is held only if the defendant asks for one. If the defendant requests a hearing, it must be set not less than 10 and not more than 30 days after the request is received. Source: N.D.C.C. 27-08.1-02 |
|---|---|
| Does the defendant file an answer? | Within 20 days after service, the defendant must return the form to request a small claims hearing or to remove the case to district court. If the court receives neither within 20 days, no hearing is scheduled and a default judgment may be entered. A written answer is optional. Source: N.D.C.C. 27-08.1-02, 27-08.1-03 |
| Counterclaims | The defendant may file a counterclaim affidavit of up to $15,000 and must serve it on the plaintiff (in person by a non-party adult or by certified mail) at least 48 hours before the hearing. The compulsory counterclaim rule does not apply to counterclaims over $15,000, so a larger claim can be brought separately. Source: N.D.C.C. 27-08.1-03 |
| Jury trial | No. A jury trial is not allowed in small claims court. A defendant who wants a regular district court case (where a jury may be available) must elect removal to district court. Source: N.D.C.C. 27-08.1-03, 27-08.1-04 |
| Interpreters | Interpreters are provided at no cost for deaf and hard-of-hearing participants. For spoken-language interpreters in other civil cases, the judge decides whether one is necessary and an interpreter may be appointed at the litigant's cost. Contact the clerk of court before the hearing. Source: N.D. Courts, Court Interpreters |
After the decision
| Appeals | No appeal. By choosing small claims court the plaintiff waives any appeal, and the defendant waives appeal upon receiving the order for appearance unless the defendant removes the case to district court. Source: N.D.C.C. 27-08.1-04 |
|---|---|
| Collecting your judgment | A small claims judgment has the same force as a district court judgment for enforcement. The judge may examine the debtor about their property at the hearing without a prior execution. Garnishment or attachment may not issue until after judgment. Collection tools include post-judgment discovery, writ of execution, proceedings supplementary to execution, a judgment lien on real estate, and garnishment; the court does not collect for you. Collection guide: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Small%20Claims/Judgment%20Collection%20-%20Judgment%20Creditor.pdf |
Deadline to sue
6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. N.D.C.C. § 28-01-16(1)
Official forms and help
Suing a landlord or tenant in North Dakota
Landlords and tenants commonly use North Dakota small claims for security deposit refunds, unpaid rent and property damage up to $15,000. Cases arising from a lease of real property must be filed in the county where the property is located unless both sides agree in writing to another county, and the defendant cannot move these cases to their home county.
- North Dakota security deposit demand letter (send before you sue)
- North Dakota security deposit law
- Tenant lawyers and free legal aid in North Dakota
North Dakota small claims FAQ
What is the small claims limit in North Dakota?
$15,000. Small claims court hears cases for recovery of money, a mobile home park tenant's civil damages claim under N.D.C.C. 47-10-28(9), or cancellation of an agreement involving material fraud, deception, misrepresentation or false promise, when the agreement's value or the amount claimed does not exceed $15,000.
Who can file a small claims case in North Dakota?
Any person may start a case by filing a claim affidavit. A claim may not be filed by an assignee of that claim, so debt buyers and collection agencies holding assigned claims cannot use small claims court.
Can you bring a lawyer to small claims court in North Dakota?
Parties may appear without a lawyer; the statute does not bar attorneys. The hearing is informal and the judge may conduct their own inquiry. If the defendant removes the case to district court and the plaintiff wins there, the district court must award the plaintiff attorney's fees.
Where do I file a small claims case in North Dakota?
Corporations, LLCs and partnerships: any county where the defendant has a place of business or where the claim arose. Individuals: generally the county where the defendant lives. Lease of real property or earnest-money/deposit disputes on a purchase contract: the county where the property is located, unless both parties agree in writing to another county. Bad-check and open-account claims have their own venue rules. Except for lease, open-account, utility and mobile home park claims, the defendant may move the case to small claims court in the county where the defendant lives.
How much does it cost to file in small claims court in North Dakota?
$20 to file a small claims action in district court. A filing fee waiver can be requested.
How do I serve the other side in a North Dakota small claims case?
The plaintiff serves the claim affidavit and the defendant's response form either by having an adult who is not a party or interested in the case deliver it, or by certified mail with restricted delivery. Service may be made anywhere in the state (except lease-of-real-property cases). The plaintiff then files an Affidavit of Mailing/Personal Service with the clerk.
How long does a small claims case take in North Dakota?
A hearing is held only if the defendant asks for one. If the defendant requests a hearing, it must be set not less than 10 and not more than 30 days after the request is received.
Does a defendant have to file an answer in North Dakota small claims court?
Within 20 days after service, the defendant must return the form to request a small claims hearing or to remove the case to district court. If the court receives neither within 20 days, no hearing is scheduled and a default judgment may be entered. A written answer is optional.
Can the defendant file a counterclaim in North Dakota small claims court?
The defendant may file a counterclaim affidavit of up to $15,000 and must serve it on the plaintiff (in person by a non-party adult or by certified mail) at least 48 hours before the hearing. The compulsory counterclaim rule does not apply to counterclaims over $15,000, so a larger claim can be brought separately.
Is there a jury in North Dakota small claims court?
No. A jury trial is not allowed in small claims court. A defendant who wants a regular district court case (where a jury may be available) must elect removal to district court.
Can you appeal a small claims decision in North Dakota?
No appeal. By choosing small claims court the plaintiff waives any appeal, and the defendant waives appeal upon receiving the order for appearance unless the defendant removes the case to district court.
How do I collect a small claims judgment in North Dakota?
A small claims judgment has the same force as a district court judgment for enforcement. The judge may examine the debtor about their property at the hearing without a prior execution. Garnishment or attachment may not issue until after judgment. Collection tools include post-judgment discovery, writ of execution, proceedings supplementary to execution, a judgment lien on real estate, and garnishment; the court does not collect for you.
Can I file a small claims case online in North Dakota?
Self-represented litigants are exempt from mandatory e-filing and may file on paper; those who choose to file electronically must use the Odyssey e-filing system.
Can I get an interpreter in North Dakota small claims court?
Interpreters are provided at no cost for deaf and hard-of-hearing participants. For spoken-language interpreters in other civil cases, the judge decides whether one is necessary and an interpreter may be appointed at the litigant's cost. Contact the clerk of court before the hearing.
Where can I get small claims court forms in North Dakota?
North Dakota small claims court handles claims of $15,000 or less. The court's Small Claims Court Forms Packet includes Small Claims Court Information (Form 1), the Claims Affidavit (Form 2) that starts the case, the Affidavit of Identification of Judgment Debtor (Form 8), and the Affidavit of Mailing/Personal Service (Form 6), filed after the defendant is served. File the Claims Affidavit and Affidavit of Identification with exhibit copies at the clerk of court; the forms can be filled in on a computer and printed or handwritten in blue or black ink.
Small claims limits in all 50 states and DC · Small claims court in other states
More North Dakota law
- North Dakota tenant rights & landlord-tenant law
- North Dakota wills, probate & estates
- North Dakota protective & restraining orders
- North Dakota employment law
- North Dakota debt & collections
- North Dakota unemployment benefits
- North Dakota divorce & family law
- North Dakota expungement & criminal records
- North Dakota traffic tickets & dui
- North Dakota personal injury & wrongful death
- North Dakota workers' compensation
- North Dakota foreclosure & homeowner law
- North Dakota consumer protection
- North Dakota starting an llc & small business
- North Dakota bankruptcy
- North Dakota car insurance & vehicle laws
- North Dakota property tax & homestead exemptions
- North Dakota criminal law
- North Dakota gun laws
- Find a lawyer or free legal help in North Dakota
- All North Dakota law guides
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.