North Dakota Small Claims Playbook: Filing, Service, Hearing and Collecting
Quick answer: North Dakota small claims follow the Small Claims Court Act, for claims up to $15,000. Filing a claim affidavit costs $20. There's a hearing only if the defendant asks for one within 20 days, no jury, and no appeal unless the defendant moves the case to district court. Check your court's rules.
How small claims works in North Dakota
North Dakota's Small Claims Court Act (N.D.C.C. ch. 27-08.1) sets the rules. A judge or judicial referee decides the case.
Checked on 2026-10-14. Official sources are listed under Sources below.
What is the small claims limit in North Dakota?
$15,000 (N.D.C.C. § 27-08.1-01).
How much does it cost to file small claims in North Dakota?
$20 to file a claim affidavit. No separate counterclaim or answer fee is listed; check your court's rules.
| Item | Amount |
|---|---|
| Filing a claim affidavit | $20 |
| Counterclaim or answer | No separate fee is listed; check your court's rules |
| Defendant removing the case to district court | $160 |
From the North Dakota courts fee schedule.
Where do I file a small claim in North Dakota?
Usually the county where the defendant lives. A business can be sued where it has a place of business or where the claim arose. A lease or deposit dispute is filed where the property is. Bad-check claims can be filed where the check was passed. An individual defendant can usually move the case to their home county (N.D.C.C. 27-08.1-01). Service must be made within North Dakota. If the defendant is out of state, check your court's rules.
How to file in North Dakota: the basic steps
- Fill out the Claim Affidavit (Form 2) and the Affidavit of Identification (Form 8).
- File it in the right county (see Where to file above) and pay $20.
- Have the papers served anywhere in North Dakota by an adult who isn't part of the case, or by certified mail with restricted delivery (N.D.C.C. 27-08.1-02).
- After service, file the Affidavit of Mailing/Personal Service (Form 6).
- The defendant has 20 days after service to ask for a hearing or remove the case.
North Dakota small claims FAQ
What is the small claims limit in North Dakota?
$15,000 (N.D.C.C. § 27-08.1-01).
How much does it cost to file small claims in North Dakota?
$20 to file a claim affidavit. No separate counterclaim or answer fee is listed; check your court's rules. A defendant who removes the case to district court pays $160.
Is there always a hearing in North Dakota small claims?
No. The defendant has 20 days after service to ask for a hearing or remove the case. If not, the judge or referee reviews the papers and may enter a default judgment.
Do I need a lawyer for small claims in North Dakota?
No. Parties may appear without a lawyer, but lawyers are allowed.
Can I appeal a North Dakota small claims judgment?
No. By choosing small claims the plaintiff waives appeal, and the defendant does too unless they remove the case to district court.
Is there a jury in North Dakota small claims?
No.
Can a business sue in North Dakota small claims?
Yes. A business can be represented by an authorized officer, owner, director or board member, trustee, or employee (N.D.R.Ct. 10.2(b)).
Sources
- N.D.C.C. ch. 27-08.1 (Small Claims Court Act)
- North Dakota courts fee schedule
- ND Legal Self Help: Small Claims
- N.D.R.Ct. 10.2
All checked 2026-10-14.
Related guides: Ready to sue · Just got sued · Small claims court basics · 10 things to do before you sue · How to save text messages as evidence · Sued in small claims? What to do next
Small Claims Starter Kit (basic timeline and checklists).
What's in the North Dakota Playbook section
- How much should I ask for in North Dakota small claims?
- Where to file in North Dakota
- North Dakota small claims forms and fees
- Serving the defendant: options and fees
- How to file a small claim in North Dakota, step by step (made-up example)
- North Dakota small claims checklist
- North Dakota small claims timeline and deadlines
- What to expect at your North Dakota small claims hearing
- Appeals in North Dakota small claims
- Collecting after you win in North Dakota
Want the whole game plan for North Dakota? The North Dakota Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.