North Dakota Small Claims

In North Dakota, small claims is a legal process that allows members of the public to recover money or cancel an agreement involving fraud or deception. The Small Claims Court was created so that citizens can present their own cases without a lawyer.

What Is a Small Claims Court in North Dakota?

Small Claims Court is a division of the district court that handles civil cases in which people seek to recover money or cancel agreements involving fraud, deception, misrepresentation, or false promises. You can recover up to $15,000 from this court.

The rules for small claims in North Dakota are found inChapter 27 of the state's Century Code. In North Dakota, you can only recover debts that are less than six years old through the small claims court.

Small Claims Court Limits in North Dakota

In North Dakota, the small claims monetary limit is $15,000, excluding interest and court costs.

Even if the amount in dispute is $15,000 or less, you may not be able to recover your money through this court after six years. In North Dakota, you can only recover debts that are less than six years old through the small claims court.

North Dakota does not allow jury hearings in small claims court. In addition, parties do not have the right to appeal a small claims judgment unless the case is transferred to a regular district court docket.

How to File a Small Claims Case in North Dakota

To file a small claims case, you must take the following steps:

1) Start the case with a Claim Affidavit. You can file a Claim Affidavit (state-approved form) with the Clerk of the District Court where the defendant lives. After that, make sure to pay the $20 filing fee. You can find the necessary forms in theJudicial Branch packet.

2) Serve the defendant. Once you have filed, you need to serve the defendant with the required documents. You can do this either through personal service or by sending them via certified mail.

3) Watch the 20-day window. In North Dakota, the defendant has 20 days from the time they are served to ask for a hearing in small claims court or to move the case to the regular district court. If the defendant fails to request a hearing or apply for a transfer, the court may issue a default judgment. If a hearing is requested, it must be scheduled within 10 to 30 days of the court's receipt of the request.

4) Can a defendant move the case out of small claims? Yes, in North Dakota, a defendant can transfer the case to the regular district court docket by filing and serving the plaintiff with a notice. If the plaintiff wins the case after the transfer, the court will require the defendant to pay the plaintiff's attorney fees.

5) Representation. Although small claims are meant for self-representation, Rule 10.2 allows parties to have legal counsel present. It also permits business entities to be represented by authorized representatives.

Small Claims Court in Major North Dakota Locations (examples)

Small claims are filed in the district court. As a result, you can get records of these cases from your nearby district court. Some local district courts, such as Cass County (Fargo), Burleigh County (Bismarck), Grand Forks County, and Ward County (Minot), offer both remote and in-person access to records. You can find the required forms and contact details for county clerks on the statewideLegal Self Help portal.

What to Expect at a Small Claims Hearing in North Dakota

In North Dakota, small claims hearings are informal and led by a district court judge. The plaintiff goes first, followed by the defendant. It is always in the plaintiff's best interest to present organized, labeled evidence, such as contracts, receipts, photos, texts, or email printouts. If the defendant was served but does not appear, the court might enter a default judgment.

On the other hand, if the plaintiff does not show up, the case will be dismissed. In North Dakota, parties do not have the right to appeal a small claims judgment unless the case is transferred to a regular district court docket.

How to Search for Small Claims Records in North Dakota

North Dakota offers online access to district court dockets across the state, including small claims cases. You can find details like case numbers, involved parties, a register of actions (docket), hearing dates, and judgments:

1. District Court Case Search (official). You can search using a name or case number to view public registers of actions. The portal explains coverage and restrictions.
2. Public Records Search (Odyssey) direct link. This is the live ND Courts Records Inquiry interface used by the public.
3. Certified copies/offline requests. The official file is maintained by the Clerk of the District Court where you submitted your case. You can request certified copies or older/limited items directly from the clerk. TheLegal Self Help site provides links to forms and explains how to obtain records.

Unless otherwise stated by the Supreme Court's rules, the court may destroy all documents filed in small claims records after ten years. However, the case judgment remains open to the public.