North Dakota Small Claims Court: Limits, Fees, Forms, and Where to File
How small claims works in North Dakota: the limit, filing fee, forms, where to file, and the basic steps. Checked 2026-10-14.
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.
Filing in North Dakota? See a filled-in sample first.
Everything on this page is free. The Small Claims Playbook adds a filled-in sample of North Dakota's Small Claims Claim Affidavit (Form 2), using a made-up case, with a box-by-box guide. One membership covers every state. $149 for your first year (introductory offer), then $199 a year. Join now.
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.
Ready to do these steps yourself?
North Dakota works differently: there's a hearing only if the defendant asks for one within 20 days, and no appeal unless the defendant moves the case to district court. The steps above are free. The Playbook helps you do each one, with a filled-in sample of Form 2 and every box explained, plus your North Dakota Playbook section: serving the other side, what to expect at your hearing, appeals, collecting a judgment, and a North Dakota small claims checklist.
You also get prep guides that work in any state: a document checklist, exhibit labels, a prep timeline and a hearing-day outline. $149 for your first year (introductory offer), then $199 a year. Join now.
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 officer or certain others listed in Rule 10.2.
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
Free: the Small Claims Starter Kit (basic timeline and checklists).
What's in the North Dakota Playbook section
- How to serve the other side in North Dakota
- What to expect at your North Dakota small claims hearing
- Appeals in North Dakota small claims
- Collecting after you win in North Dakota
- Printable checklist
- Common mistakes and a printable checklist
You do the work. The Playbook hands you the plays.
This page covers the North Dakota rules. The Playbook coaches you from filing to hearing day: a filled-in sample of Form 2, your North Dakota Playbook section, and step-by-step prep guides. Every state and DC has a filled-in sample claim (for Mississippi, Oklahoma and Wyoming it's a sample layout we made, so you'd get the real form from the court clerk). One membership covers every state.
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.