Small claims in North Dakota.
North Dakota's small claims court offers a $15,000 cap with a streamlined process and no right to appeal.
- Most you can sue for$15,000Same cap for individuals and businesses
- Filing fee$20Increased from $10 to $20 effective July 1, 2025
- CourtDistrict Court (Small Claims Division)
- Lawyers at trialAllowedPermitted but not required
- Appeal windowNoneDecisions are final with no right to appeal
- Recent changeFiling fee increasedFiling fee increased from $10 to $20 effective July 1, 2025
Find your situation.
North Dakota small claims handles money disputes up to $15,000 (or $15,000 if you're a business). Browse 7 categories and 39 specific claim types below.
North Dakota allows you to file claims for breaches of contract and money owed up to $15,000. The statute of limitations is generally six years for written contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction proceedings; these must be filed in District Court.
Try instead: District Court eviction process
Title to real estate
Disputes involving ownership or title to real property are beyond the jurisdiction of small claims court.
Try instead: District Court
Defamation
Claims involving defamation, such as libel or slander, are not handled in small claims court.
Try instead: District Court
Malpractice
Professional malpractice claims require complex evidence and are not suitable for small claims court.
Try instead: District Court
Family law matters
Issues such as divorce, child custody, and support are outside the jurisdiction of small claims court.
Try instead: Family Court
Probate matters
Disputes involving wills, estates, and trusts are not handled in small claims court.
Try instead: Probate Court
Claims against the federal government
Small claims court cannot hear cases against federal agencies or the U.S. government.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: District Court
Injunctions and specific performance
Small claims court cannot issue orders requiring a party to do or refrain from doing something.
Try instead: District Court
Workers' compensation claims
Disputes over workers' compensation benefits are handled by specialized administrative courts.
Try instead: Workers' Compensation Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention and serves as evidence of your attempt to settle.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, allowing the statute of limitations to begin when the fraud is discovered or should have been discovered.
File your case
File at the Small Claims Division of the District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing and reasonable service fees are added to the judgment against the defendant.
E-filing in North Dakota: E-filing is not currently available for small claims cases in North Dakota.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 10 days before the hearing (in the same county) or 20 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail by clerk. The court clerk sends the documents to the defendant via certified mail.
- Private process server. A private individual authorized to serve legal documents delivers the papers to the defendant.
File the proof of service (Form 6) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court permission for alternative methods.
Show up to the hearing
Informal bench trial, typically lasting 30 minutes.
Lawyers at trial: Allowed. Parties may be represented by attorneys, but it is not required.
When you’ll get the decision: On the spot or mailed within a few weeks.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant does not respond within 20 days, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even in default, the plaintiff must provide evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
The defendant has 20 days from the date of service to request a hearing or move the case to District Court.
Counter-suing the plaintiff: Allowed using Form 4 (Defendant’s Answer/Counterclaim). Serve the plaintiff at least 10 days before trial (same county) or 20 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $15,000, the case may be transferred to District Court. N.D. Cent. Code § 27-08.1-04
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 10 days to pay. Judgments accrue 6.5% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when the debtor is employed and earns a regular wage.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution from the court, serve it on the debtor's bank, and the bank freezes and transfers funds to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Effective if the debtor has sufficient funds in the bank account.
What’s protected:
- $3,000 in bank account is exempt from levy
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
File the judgment with the county recorder to place a lien on the debtor's property, which must be satisfied before the property can be sold or refinanced.
Cost: $20-30 recording fee
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $100,000
Writ of execution
Authorize the sheriff to seize and sell the debtor's non-exempt property.
How it works
Obtain a writ of execution from the court, and the sheriff seizes and sells the debtor's non-exempt property to satisfy the judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor owns valuable non-exempt property.
What’s protected:
- Various personal property exemptions apply
Multiple creditors? Priority rules.
Judgment liens are prioritized based on the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
Decisions in small claims court are final and cannot be appealed.
Default judgment? Different rules.
Default judgments are final and cannot be appealed; a motion to vacate must be filed instead.
Motion to vacate (Form Form 10): file within 30 days of the judgment notice. If you never received notice, you have up to 30 days.
If the motion is denied, you have 30 days to appeal the denial. A motion to vacate must be filed within 30 days of the judgment entry; if denied, an appeal may be filed within 30 days.
Why cases get dismissed.
Filing in the wrong venue
What goes wrong: Filing in the incorrect county can lead to dismissal or transfer, causing delays and additional costs.
How to avoid it: Ensure you file in the county where the defendant resides or where the business has a place of business.
Exceeding the monetary limit
What goes wrong: Claims exceeding $15,000 are not eligible for small claims court and must be filed in District Court.
How to avoid it: Verify that your claim, excluding interest and costs, does not exceed $15,000.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your case.
How to avoid it: Confirm the applicable statute of limitations for your claim type and file within that period.
Improper service of process
What goes wrong: Failure to properly serve the defendant can delay proceedings or result in dismissal.
How to avoid it: Follow the court's guidelines for serving the defendant, using authorized methods.
Not preparing sufficient evidence
What goes wrong: Lack of evidence can weaken your case and lead to an unfavorable judgment.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Failing to collect the judgment
What goes wrong: Winning a judgment does not guarantee payment; you may need to take additional steps to collect.
How to avoid it: Familiarize yourself with post-judgment collection methods and be prepared to implement them.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources9 citations and statutes
- North Dakota Courts - Small Claims How-To GuideNorth Dakota Courts - Small Claims How-To Guide
- N.D. Cent. Code § 27-08.1 (Small Claims Court)N.D. Cent. Code § 27-08.1
- North Dakota Courts - Notice of Fee IncreasesNorth Dakota Courts - Notice of Fee Increases
- North Dakota Small Claims Court FormsNorth Dakota Small Claims Court Forms
- N.D. Cent. Code § 6-08-16 (Bad Checks - Civil Penalties)N.D. Cent. Code § 6-08-16
- N.D. Cent. Code § 34-14 (Labor, Final Wages, Minimum Wage)N.D. Cent. Code § 34-14
- N.D. Cent. Code § 47-16 (Landlord and Tenant)N.D. Cent. Code § 47-16
- N.D. Cent. Code § 51-15 (Consumer Fraud and Unlawful Credit Practices)N.D. Cent. Code § 51-15
- N.D. Cent. Code § 28-20 (Judgments)N.D. Cent. Code § 28-20
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.