Overview

North Dakota small claims court is a streamlined part of the district court designed for fast, affordable resolution of modest civil money disputes without the formality of full-blown litigation. The forum is intentionally simple: plain-language forms, relaxed evidence rules, short hearings before a judge or judicial referee, and outcomes that are enforceable like any other civil judgment. The trade-off is scope—claims are capped (generally up to $15,000) and the relief focuses on money (or, in limited circumstances, cancellation of agreements obtained by material fraud, deception, misrepresentation, or false promise). Discovery is minimal, motions are rare, and the court will prioritize clarity over technicality. If you organize your facts, documents, and math, you can present your own case without a lawyer and obtain a binding judgment that you can later collect through garnishment, levy, or liens. This guide walks you through a practical, end-to-end filing approach tailored to North Dakota: validating that your case belongs in small claims, organizing proof, choosing the right county and defendant identity, completing and filing the forms, perfecting service, preparing for the hearing, presenting calmly and effectively, and setting up post-judgment steps. Each step emphasizes checklists, timing, and clean paperwork so you avoid the most common causes of delay—bad venue, incomplete service, weak exhibits, and muddled damage calculations—and instead give the judge an easy path to rule in your favor.

Benefits of Using North Dakota Small Claims

• Speed & simplicity: Faster hearing dates, plain-language forms, and informal presentation.
• Lower cost: Modest filing and service fees compared to regular civil actions.
• Self-help friendly: Designed for people without lawyers; clerks provide packets and instructions.
• Focused outcomes: Money judgments (or limited contract cancellation for fraud) up to the statutory cap.
• Enforceability: Judgments can be collected through garnishment, levy, and liens like other civil judgments.

Step-by-Step Guide (10 Steps)

Step 1 — Confirm that your dispute belongs in North Dakota small claims: amount, remedy, timing, and filer eligibility

Begin with a fit check. North Dakota small claims is meant for straightforward civil disputes where you can identify a specific sum of money that is due and owing, or—more narrowly—where you seek to cancel an agreement obtained by material fraud, deception, misrepresentation, or false promise. Ask yourself a few threshold questions: Can you state your total demand as a single number at or under the forum’s monetary cap? Can you tie that number to simple proofs such as invoices, receipts, photos, and messages? Will money damages resolve the problem, or are you really seeking non-monetary orders such as forcing someone to perform a service or remove an encroachment? Small claims is fundamentally a money court; for equitable remedies, you generally need the regular civil docket. In addition to the cap, North Dakota has eligibility and timing rules that keep the forum citizen-oriented. As a rule of thumb, the original creditor (the person or business directly owed money) files the case, not an assignee such as a collection agency. This preserves the court for everyday disputes—unreturned deposits, unfinished small projects, repair bills, and the like—rather than bulk debt litigation.

Next, consider timeliness. Many routine contract or open-account claims are controlled by a limitations period measured in years from either the breach date or the last payment/charge that acknowledged the debt. If your facts are unusual (for example, claims tied to specialized statutes, consumer credit subtleties, or fraud discovery rules), verify that your clock has not run out. If you are close to the deadline, prioritize filing and service planning now; a late filing defeats even the strongest evidence. In parallel, check that the amount you seek truly fits. Do not “split” a larger claim into smaller pieces to squeeze under the cap—the court can dismiss a claim that appears artificially divided. If your damages exceed the limit but settlement within the cap is realistic, you can still file in small claims and voluntarily limit your demand; just be intentional and ensure your math does not creep over the threshold once court costs and interest are considered. Where a contract contains an attorneys’ fees clause or interest provision, remember that small claims focuses on principal recovery; trying to stack discretionary add-ons may complicate jurisdictional math and invite pushback.

Finally, translate your situation into the court’s language: a short, neutral narrative plus hard numbers. Draft a two-minute summary that identifies the parties, the agreement or duty, the breach, and the total you’re seeking. Build a preliminary damages table that lists each component (unpaid invoice, refund not returned, cost to repair or complete work, credits you already received). If a portion of your loss is speculative or emotional (inconvenience, stress), strip it out; the court is focused on measurable financial harm. If you are asking to cancel an agreement due to fraud or deception, be ready to show the specific false statement or concealment, how you relied on it, and how cancellation restores you financially—again, with a value at or under the cap. This Step 1 screen saves time and money: if you can’t simplify your claim to a number within the cap backed by everyday proofs, the small claims track may not be the right forum. If you can, you’ve set a clear foundation for every subsequent step—venue, forms, service, hearing, and collection.

Step 2 — Identify the correct defendant and proper county; map service options and practical access to the courtroom

Small claims can be won or lost before you ever enter the courthouse if you misname the defendant or file in the wrong county. Start by nailing the defendant’s exact legal identity. If you dealt with a business, do not assume the sign on the door or the logo on an invoice is the legal name—search the North Dakota Secretary of State’s business registry for the precise entity name and its registered agent. Many local companies operate under trade names (DBAs) that are not suable entities. If you paid “Prairie Home Repair,” but the registry shows “Prairie Home Repair, LLC,” that “LLC” is essential. Likewise, if you worked with “Dakota Supply” and discover that invoices are issued by “Dakota Supply Group, Inc.,” name the corporation. For individuals, use the full legal name from a driver license, lease, or check. If personal guaranties are involved (common in small contractor or lease disputes), identify and add the guarantor by name; a judgment against the wrong party is difficult to collect later.

Venue—the county where you file—should be logical and lawful. As a general rule, file where the defendant resides or does business, or where the transaction occurred. If a contractor based in Burleigh County performed work on a property in Cass County, you may have venue in either county, but practical considerations matter: can you serve the defendant more easily in one county? Will witnesses and exhibits be easier to present there? For corporate defendants, filing in a county where the company maintains a place of business or where the subject transaction occurred is typically cleanest. If you pick the wrong venue, the court can transfer or dismiss, adding weeks and extra filing fees. Before you finalize, visualize service of process. North Dakota allows service by personal delivery or mail for small claims (follow the specific rule language and any clerk guidance). Service on a business should go to the registered agent listed with the Secretary of State; service on individuals normally requires personal delivery or proper mail methods at their residence. Bad service is the number one reason small claims bog down; planning service now will keep your case on track.

Also assess practical access. Check the district court location, hours, parking, security screening, and whether the division offers remote hearing options for small claims. If you need accommodations (language, disability), ask the clerk what’s available and how to request it early. Consider the opposing party’s likely behavior: if they are cooperative, service by mail with acknowledgment may be efficient; if evasive, plan for sheriff or private process service with a few alternate addresses ready (home, workplace, registered agent’s office). Finally, create a one-page “service map” with the defendant’s legal name, addresses, registered agent information, and a prioritized list of service methods. With the right party named, the right county chosen, and a realistic service plan in hand, you have eliminated two of the most common case-killing errors and positioned your file to move smoothly from filing to hearing.

Step 3 — Build a winning packet: evidence, damages math, and forms that the clerk can accept on the first try

Judges decide small claims on credibility and clarity. That means your packet should let the court understand what happened in minutes and verify the amount you seek at a glance. Start with a neutral, chronological fact sheet (one page, bullet points): date of agreement or purchase, price or terms, what was delivered or not delivered, notices sent, responses received, and the total you’re asking for. Follow with a damages worksheet—a single page that itemizes each component of the claim (Invoice #101: $1,250; Replacement part: $380; Labor to correct: $700; Refund not returned: $500; Credits already received: –$300; Total: $2,530). If your total pushes the small claims cap, show how you stayed within it (e.g., “Plaintiff elects principal only; no contractual attorneys’ fees sought”). Attach primary exhibits: contracts or order confirmations, messages/emails showing key promises or admissions, receipts and canceled checks, delivery logs, and dated photos that show condition before/after. Print screenshots with visible sender, recipient, and date; judges distrust cropped fragments. Label each exhibit (A, B, C) and paginate (A-1, A-2) so you can direct the court precisely to “Exhibit C-3.”

Next, complete the small claims forms carefully. Use the North Dakota statewide forms or any county-specific variants provided by the district court’s self-help resources. Fill in party names exactly as you intend them to appear on the judgment. For businesses, include the formal entity name and, if helpful, the trade name in parentheses. State your claim plainly in a few sentences—what was promised, how it was breached, and the amount now due. Avoid adjectives and accusations; neutrality reads as credibility. Verify that the amount you enter matches your damages worksheet. If you seek cancellation of a fraud-tainted agreement, identify the agreement and state succinctly the misrepresentation or deception. Where the form asks for venue facts, explain briefly (e.g., “Work performed at 123 Main St., Fargo (Cass County); Defendant resides in Cass County”). If the form allows attaching exhibits, add only the essentials; bring the rest to the hearing in your binder. Before printing, proofread for typos, name spelling, and math consistency. A misspelled defendant name can make later collection harder; it’s worth a second pass now.

Finally, prep the file-ready packet that the clerk can accept on the first try. Assemble: (1) the original claim form signed and dated; (2) the required number of copies (often one per defendant plus a court copy and your copy); (3) your short fact sheet and damages worksheet; (4) any exhibits the form explicitly requests at filing; (5) a check or card for the filing fee; and (6) a blank return-of-service or proof form if your county uses one for mail service. Add a cover sheet with your contact information and a note indicating your preferred service method (if options exist) and any near-term travel dates to avoid scheduling conflicts. If you anticipate settlement discussions, print a simple payment plan template with signature lines so you can formalize any hallway agreement later. By completing Step 3 with discipline—organized story, tight math, clean forms—you set yourself up for stress-free filing, efficient service, and, ultimately, an easier hearing.

Step 4 — File your claim with the district court clerk and launch a service plan that actually works

Walk into the clerk’s office (or follow any county-supported e-filing or mail-in option) with your packet ready. Pay the filing fee and obtain your case number. Ask the clerk about the preferred or required service methods for small claims in that county: some divisions provide a notice packet for certified mail; others expect you to arrange personal service with a sheriff or private process server. Confirm how the hearing date will be set—at filing, after proof of service, or by mailed notice—and how you will be notified. If the court supplies a “Notice to Defendant,” include it with your service documents. Immediately begin service. For individuals, prioritize personal delivery at a residence or workplace during normal hours and keep a backup plan (evening service, weekend attempt). For businesses, serve the registered agent listed with the Secretary of State; if that fails after diligent effort, ask the clerk about alternate service consistent with the rules. Track every attempt (date, time, address, result) so you can show diligence if the court asks. When service is complete, file the proof promptly; hearing dates often depend on this filing. As you wait for the hearing, keep settlement options open—send a calm, factual letter with your damages worksheet and invite payment or a sensible plan. If the defendant pays in full, ask the clerk how to file a notice of dismissal upon clearance. If not, proceed confidently to hearing preparation.

Step 5 — Prepare for the hearing: craft a two-minute narrative, streamline exhibits, line up witnesses, and pre-write a settlement

Treat the small claims hearing like a focused business presentation. Your objective is to make it easy for the judge to connect three dots: (1) a clear promise or legal duty, (2) a clear breach, and (3) a clear, well-supported dollar amount within the jurisdictional cap. Start by writing a two-minute narrative you can read verbatim if nerves spike. Keep it chronological and neutral: who the parties are, what was agreed, what went wrong, what you did to resolve it, and what precise amount remains due. Draft and rehearse this until it is second nature. Place it at the front of your binder so you can begin confidently the moment your case is called. Right behind it, insert your one-page damages worksheet; this will anchor your ask and help the court check your arithmetic quickly.

Streamline your exhibits. The temptation to bring “everything” is strong, but judges value relevance over volume. Include the contract or order confirmation, the communications that establish terms or admissions (keep them legible with visible dates and parties), the receipts or bank records proving payment, and the photos or inspection notes that show nonperformance or damage. Number exhibits and paginate internally (A-1, A-2) so you can direct the judge precisely to a page. Assemble at least three complete sets: judge, opposing party, and your copy. Arrange them in the order you intend to discuss them so you are never flipping frantically. For messages, avoid collage screenshots that cut off headers; print complete threads or export to PDF with timestamps. If your math involves offsets (refunds, partial performance), add a short “reconciliation” paragraph immediately behind the damages sheet explaining how you arrived at the net figure. This discipline aligns your story with your documents and defuses predictable objections (“that photo is undated,” “we never received notice,” “the total includes items we fixed”).

Decide whether you need a witness and, if so, prepare them. A third-party repair professional can validate that work was incomplete or substandard; a bookkeeper can authenticate invoices and payments; a neighbor can testify to deliveries or damage timing. Keep their role narrow: what they personally saw or did, not opinions beyond their experience. Confirm availability for the hearing date and ask the clerk how to subpoena a witness if needed. Draft five to eight open-ended questions per witness that elicit facts quickly: “What did you observe on [date]?” “What does this invoice reflect?” “What did the industry-standard repair entail?” Provide each witness with their relevant exhibit pages marked clearly; rehearse so your handoffs are smooth.

Finally, pre-write a simple settlement and bring two copies. Many small claims resolve “in the hall” before the judge calls the case. Your template should include names, case number, total amount, due date(s), payment method (ACH preferred), a short default clause (missed payment accelerates the balance and allows immediate enforcement), and a statement that you will file a satisfaction or notice of dismissal when paid. Decide your minimum acceptable terms beforehand so you are not negotiating under pressure. Bring a calculator and be ready to adjust for today’s filing or service costs if the court allows them. With a crisp narrative, lean exhibits, prepared witnesses, and a ready-to-sign agreement, you enter the courtroom with multiple paths to a clean outcome—judgment today or a practical settlement that pays.

Step 6 — Present your case effectively: civility, precision, and documents that do the talking

Arrive 15–20 minutes early. Check in with the bailiff, observe a case or two to learn your judge’s rhythm, and organize your binder so the first three items are your narrative, damages sheet, and Exhibit A. When the court calls your case, step forward, introduce yourself, and ask permission to proceed: “Good morning, Your Honor. I’m the plaintiff. May I provide the court with exhibits?” Begin with your two-minute narrative. Speak slowly, make eye contact, and avoid adjectives or speculation. As you describe each core point, hand up the matching exhibit in order: the agreement, proof of payment, communications, and photos. Refer to page numbers (“Exhibit C-2”) so the judge can follow easily. Keep a pen and notepad; if the court asks a question, answer directly and stop—do not argue or offer extra stories. If you called a witness, guide them through their observations with concise, open-ended questions. If the defendant objects, pause; let the court rule. Civility supports credibility.

When you reach damages, slow down further and walk the court line by line through your worksheet. Confirm that your total is within the small claims cap and that you have applied credits or refunds fairly. If you seek costs the court allows (filing, service), state the amounts and have receipts ready. If the defendant disputes a number, flip immediately to the underlying invoice or receipt and let the document “do the talking.” Judges prefer contemporaneous records over recollections. When the defendant presents their side, listen silently and take notes; mark any points you will rebut with a page reference. In rebuttal, keep it crisp: “Two quick points, Your Honor—first, notice was provided on June 10 (Exhibit E-1); second, the alleged fix is contradicted by the July 2 photo (Exhibit D-3). My total remains $4,780, within the cap.” Close with a respectful, specific request: “I ask for judgment in the amount of $4,780 plus filing and service costs as shown.” If the court encourages settlement on a narrow gap, consider whether accepting a small discount today is worth avoiding delay and post-judgment collection effort.

If the court rules immediately, write down the exact dollar amount, any offsets, and whether costs were awarded. Ask the clerk (politely, after your case concludes) when certified copies of the judgment will be available. If the court takes the matter under advisement, confirm how you will receive the decision. Either way, leave the courtroom with a plan: if you win and payment is not made at once, you will obtain certified copies and begin collection steps; if you settle, you will memorialize in writing and file a dismissal or satisfaction upon payment. The hearing is the shortest step in the process; your preparation makes it feel even shorter and far less stressful.

Step 7 — Obtain and organize the judgment: certified copies, a living ledger, and a polite payoff letter

After a win, turn the decision into dollars by getting the paperwork right the same day. Order two to three certified copies of the judgment; you will need them for any wage garnishment, bank levy, or property lien and you do not want to wait in line again next week. Check the judgment for accuracy—party names spelled correctly (including “LLC” or “Inc.” where applicable), correct addresses, and the exact amount awarded. If something is off (a middle initial missing, a typo in the defendant’s name), ask the clerk how to request a clerical correction (nunc pro tunc) promptly; small errors can become big obstacles when employers or banks try to match records. Start a simple, living ledger (spreadsheet or notebook) that tracks principal, any post-judgment interest if applicable, costs advanced, payments received, and running balance. Each time you act—mail a letter, serve a writ, receive a payment—enter it with a date. This ledger will support affidavits required for garnishment and payoff quotes you’ll give to employers, banks, or title companies.

Before launching enforcement, send a short, professional payoff letter to the defendant. Attach a copy of the judgment and your ledger showing the current balance. Offer two or three practical payment options: a discounted lump sum within a short window; a standard monthly plan by ACH; or an immediate wage deduction by consent if they prefer the predictability. Give a clear deadline and state politely that if arrangements are not made you will proceed with garnishment or levy as permitted by law. This is not an empty threat—have your garnishment and levy forms prepared so that when the deadline passes you can file without delay. Keep tone respectful; many debtors respond to polite firmness. Meanwhile, prepare the back office: confirm the employer’s garnishment address (HR can provide the correct address for legal papers) and the bank’s registered agent for service. With certified copies, a crisp ledger, and a ready letter, you are positioned to collect efficiently while maintaining professionalism and compliance.

Step 8 — Collect intelligently if payment does not arrive: wages, bank accounts, liens, and measured pressure

Choose the tool that matches the debtor’s financial reality. If the debtor is a W-2 employee, wage garnishment is often the smoothest path: steady, court-supervised, and resistant to gamesmanship. Complete the garnishment papers with your judgment details, current balance from your ledger, the employer’s legal name, and the correct service address for legal documents. Serve exactly as the rules require and calendar the employer’s response and first remittance window. If the debtor is self-employed, consider bank levy (garnishing deposit accounts) or, where permitted, garnishing major customer receivables or payment processors. For bank levies, serve the bank’s registered agent and send any required debtor notices regarding exemptions (e.g., Social Security, disability). Expect a short hold period while the bank freezes funds and the debtor can claim exemptions; if an exemption hearing is set, bring statements or evidence that deposits are wages or non-exempt funds. In parallel, record a judgment lien against any real property to capture future refinance or sale proceeds; title companies will demand your payoff before closing.

Run remedies in parallel when practical: keep a wage garnishment flowing while you time a bank levy near known paydays or bonus cycles. Coordinate with the sheriff early if a personal property levy (vehicles, equipment) could make sense; weigh storage and sale costs against likely equity before you spend. Keep communications courteous and factual; never threaten unlawful actions or contact uninvolved third parties. If the debtor hires counsel, channel communications through the lawyer. If a bankruptcy notice arrives, stop all collection immediately and seek guidance on filing a proof of claim or requesting relief from the stay if appropriate. Document everything—service proofs, employer responses, bank reports, payments, and credits—in your ledger and file. When you receive funds, issue a receipt and apply the credit the same day so your payoff math remains bullet-proof. The hallmark of intelligent collection is cadence: one measured action each month until you see sustained payment or a clear reason to pause.

Step 9 — Installment plans and mediated resolutions: predictable payments with enforcement “teeth”

If a lump sum is unrealistic, an enforceable installment plan often yields more money with less friction. Put terms in writing: total balance as of a specific date; whether statutory interest accrues during the plan; the monthly payment amount and due date; payment method (ACH is best); a short grace period (if any); and a clear default clause that allows you to resume garnishment or levy immediately if a payment is missed. If your court permits, file a stipulated order that adopts the plan so enforcement following default is administrative rather than argumentative. Consider a modest discount for early, complete payoff; sometimes 5–10% off the tail prompts a debtor to borrow from a friend or credit union and close the matter quickly. Tailor plans to seasonal cash flow if appropriate (e.g., higher payments during summer construction season; lower in winter) and include objective triggers (e.g., “an additional $300 due within 7 days of each annual bonus deposit, supported by pay stub”).

For tense situations, mediation can break stalemates. Even post-judgment, a neutral can help the debtor understand that lawful enforcement will continue and that a structured plan is in their interest. Bring your ledger and a set of options: (a) reduced lump sum by a date certain, (b) standard plan, or (c) stepped plan. If you concede anything (interest, costs), tie the concession to perfect performance—missed payments restore the original balance. Automate what you can: recurring drafts, email reminders three days before due dates, instant receipts, and quarterly balance snapshots so there are no surprises. If a payment is missed, execute your default clause without drama: send a short notice and file your garnishment restart on the date promised. At completion, promptly file a Satisfaction of Judgment and release any liens; delayed paperwork can trigger penalties and animosity. A disciplined plan backed by enforcement “teeth” converts sporadic goodwill into predictable cash.

Step 10 — Close out properly: satisfaction, releases, renewal strategy, and continuous improvement

When paid in full, finish strong. File a Satisfaction of Judgment with the clerk promptly, and if you recorded any liens, record the appropriate releases in each county where they were filed. Many jurisdictions impose deadlines for satisfactions; missing them can lead to penalties and ill will from title companies. Notify any employer handling a wage garnishment to stop withholding and confirm with the clerk that the garnishment is closed. Provide the debtor with a copy of the satisfaction for their records; professional closure reduces disputes and protects your reputation should you appear before the same judge or clerk again.

If your judgment is only partially paid and the debtor is currently uncollectible, adopt a renewal strategy consistent with the lifespan of judgments and liens. Calendar renewal dates months in advance and keep your ledger pristine so filing an updated balance affidavit is easy. Light-touch monitoring—annual checks of property records and corporate filings—catches changes that open new collection doors (a home purchase, a business registration, a recorded deed). If a bankruptcy filing occurs, follow the bankruptcy court’s rules: file a proof of claim if allowed and do not attempt state-court collection during the automatic stay. When an escrow company or lender contacts you years later for a payoff, respond quickly with a current figure and per-diem interest; slow replies risk missing the window.

Close the file by archiving a single, indexed PDF containing your claim, exhibits, proof of service, judgment, ledger, collection actions (writs, returns, employer responses, bank reports), payments, and satisfaction or renewal documents. Add a one-page “lessons learned” sheet for your future self: contract clauses that would have prevented the dispute, documentation you wished you had earlier, and any clerk preferences you observed. If you are a business that sees small claims regularly, use this experience to upgrade your intake and billing workflows: written scopes of work, change-order confirmations, progress-payment checkpoints, and end-of-job sign-offs. The small claims process rewards clarity at every stage; by closing out deliberately and improving your upstream practices, you reduce the odds of being back in court—and if you are, you’ll be faster, calmer, and even more effective next time.

Costs Associated

Expect a modest filing fee and the cost of service (certified mail or personal service). If you prevail, allowable costs are typically added to your judgment. Post-judgment enforcement (garnishment writs, sheriff deposits, lien recordings) carries additional fees that you should track meticulously in your ledger; many can be added to the balance as recoverable costs where permitted.

Time Required

Timelines vary by county and docket load. After filing and proper service, hearings are typically scheduled relatively quickly compared with regular civil cases. Straightforward matters can resolve at the first hearing; complex facts or service issues add weeks. Post-judgment collection can be fast (first wage remittance in a few pay periods) or slower (bank levies subject to exemptions, property liens that pay at refinance). Maintain cadence: one clean step each month until resolution.

Limitations

• Jurisdictional cap requires you to keep your demand at or under the small claims limit; do not split larger claims.
• Relief focuses on money; non-monetary orders typically belong on the regular civil docket.
• Discovery is limited; you must tell your story with concise documents and testimony.
• Certain filers (e.g., assignees/collection agencies) face restrictions in small claims.

Risks and Unexpected Problems

• Improper service or wrong venue causes delays or dismissals—plan addresses and methods before filing.
• Weak documentation undermines otherwise valid claims—organize exhibits chronologically with clear labels.
• Even with a judgment, collection may require persistence; prepare to use wage garnishment, levies, and liens lawfully.
• If the dispute proves complex mid-stream, the court may direct or the parties may seek transfer to the regular civil docket.

Sources

• North Dakota Courts — Small Claims Court (overview, process, limits, forms access)
• North Dakota Century Code, Chapter 27-08.1 — Small Claims Court (jurisdiction, procedures, venue)
• North Dakota Rules of Court, Rule 10.2 — Small Claims Court (practice rules; assignee/collection agency restrictions)
• North Dakota Courts — Small Claims Forms Packet (instructions and statewide forms)
• North Dakota Secretary of State — Business Records Search (confirm correct legal entity and registered agent)
• North Dakota District Courts — Locations & Clerk Information (filing, local practices)
• North Dakota Courts — Court Fees & Payment (current fee information; check locally for small-claims filing/service costs)
• North Dakota Courts — Collecting a Judgment (post-judgment tools and procedures)