
North Dakota small claims court limit
Overview
North Dakota’s small claims process is designed to resolve modest civil money disputes quickly and with minimal formality, using plain-language forms and a simplified hearing. The small claims division of the district court may hear cases to recover money, cancel certain agreements obtained by material fraud or deception, or pursue specific tenant civil damages, so long as the amount in controversy or the value of the agreement does not exceed $15,000. North Dakota also sets a general six-year look-back for most small claims (measured from the date of the debt or the last payment), and it bars assignees (such as collection agencies) from filing in small claims. For self-represented litigants, the environment is intentionally informal: you can present your story directly to a judge or judicial referee, with the court assisting both sides in keeping the discussion focused on facts, documents, and the small-claims rules. The trade-off for simplicity is that remedies are limited, discovery is streamlined, and complex matters may be redirected to the regular civil docket. This guide explains the limit, who benefits, and a detailed ten-step path—from checking eligibility to collecting a judgment—so you can plan a successful small-claims strategy in North Dakota.
Who Typically Benefits and Who Can File (Including on Behalf of Someone Else)
Small claims is a good fit for North Dakotans who want a fast, affordable money judgment without the full cost and delay of formal litigation. Typical users include consumers with unpaid deposit or repair disputes; contractors or small businesses chasing smaller invoices; neighbors with straightforward property-damage claims; and landlords or tenants litigating limited, statutorily permitted money issues. Individuals and businesses may file their own claims, provided the case is within the jurisdictional dollar cap and not otherwise excluded (for example, an assignee of a debt cannot file). If the claim involves a minor or a legally incapacitated adult, a parent, guardian, or conservator may file and appear on that person’s behalf when authorized by law and court appointment papers; bring certified copies of letters of guardianship or conservatorship so the clerk and judge can verify authority. Because small claims is for money recovery (or cancellation of certain agreements) rather than injunctive relief, filers who primarily want non-monetary orders (e.g., “make the contractor finish the job”) should consider whether the district court’s regular civil track is a better match. As a practical matter, self-representation works well here: the small-claims referee will help keep the hearing orderly and will admit informal proof the regular rules might exclude—yet you still must bring credible documents and a clear, brief story about what happened and what you’re owed.
Benefits of Using North Dakota Small Claims (When the Amount Is Within the Limit)
- Speed and simplicity: Filing is streamlined, fees are low, and hearings are informal, often occurring far sooner than a full civil trial docket.
- Lower cost of proof: The evidentiary environment is less technical, so well-organized receipts, photos, messages, and estimates carry persuasive weight without expert testimony.
- Clear money cap: The $15,000 limit encourages realistic settlements and prevents runaway litigation over modest disputes.
- Self-help friendly forms: State-approved packets and instructions make it easier to prepare, file, serve, and present a claim without hiring counsel.
- Enforceable outcomes: A small-claims judgment can be collected through standard tools (execution, garnishment, liens) just like a civil judgment.
Step-by-Step Guide (10 Steps)
Step 1 — Confirm the North Dakota small claims limit, subject-matter fit, and timing
Begin by verifying that your dispute belongs in small claims and fits the dollar limit. In North Dakota, the small claims court’s jurisdiction covers recovery of money, the cancellation of an agreement obtained by material fraud/deception/misrepresentation/false promise, and specific tenant civil-damage claims, when the amount or value at issue does not exceed $15,000. If you seek more than the cap, the proper venue is the district court’s regular civil track; you cannot split a larger claim into parts to slide under the cap. Also check the age of the claim: for most small claims, no more than six years may have passed from the date of the debt or the last payment (note that special statutes can shorten or extend time in niche contexts, so if your matter is unusual—e.g., certain consumer-credit claims—consult the Century Code or a lawyer). The statute also restricts who may file: an assignee (including a collection agency or its owners/employees) may not file a claim in small claims court; the original creditor must sue. This is meant to keep the forum citizen-oriented and to prevent bulk debt collection from overwhelming the calendar.
Next, test the subject-matter fit. Small claims is for money (or fraud-tainted agreement cancellation), not for injunctions or equitable orders like “force the neighbor to remove a fence” or “make the shop complete the remodel.” If you need specific performance or a declaration affecting title, you will likely need the regular civil docket. If your claim arises from a landlord-tenant relationship, check whether the relief you want is permitted in small claims or whether the residential eviction and general civil statutes create a better path. As a practical screen, ask yourself: “Can I reduce what I want to a specific number under $15,000?” If yes, small claims is likely appropriate; if no, plan for the regular civil process.
Finally, consider practical readiness. Even with informality, the judge must have enough credible information to rule for you: contracts, invoices, dated photos, messages that show promises or admissions, delivery records, and clear arithmetic that ties to your demand. Organize these now; it will influence later steps (drafting, service, hearing) and increase settlement leverage. Build a concise one-page summary: what happened; what was promised; what was delivered; how you calculated the precise amount owed; and why you are within the $15,000 cap. If you are close to the limit, be precise about interest, add-ons, and offsets—overstating can sink jurisdiction. Confirm as well that you are suing the correct legal party (exact LLC/corporation name for businesses, not just a DBA) because you will need the right defendant name on your claim and (if you win) on any judgment you later enforce. In short, Step 1 is your feasibility check: amount ≤ $15,000, claim type allowed, filed by the proper party, filed on time, and supported by credible documents.
Step 2 — Identify the correct defendant and venue; decide whether to remain in small claims or “opt out”
Correctly naming the defendant is essential. For individuals, use the full legal name. For businesses, check the North Dakota Secretary of State’s database for the exact entity name and registered agent. If you sue “ABC Roofing” but the legal entity is “ABC Roofing, LLC,” you risk an unenforceable judgment or post-judgment correction hassles. If a local storefront is only a trade name and payments truly came from “Great Plains Services, Inc.,” name the corporation. When more than one party is potentially responsible (e.g., a contracting company and its owner on a personal guaranty), list each one with specificity. This pays dividends at collection time: banks, employers, and the recorder’s office will match the judgment name against their records; precision here reduces future friction.
Choose the right venue (county) consistent with North Dakota’s small-claims venue rules. Generally, venue ties to where the defendant resides or does business, or where the transaction or subject matter occurred. Special rules apply for certain open-account claims and corporate defendants. If you file in the wrong county, you may face delay (transfer) or dismissal. Practical tip: when the defendant is a corporation or partnership, filing in a county where it has a place of business or where the subject matter occurred is often the cleanest route. For individuals, default to the county of residence unless a statute clearly authorizes another county tied to the transaction. As you evaluate venue, also consider service of process logistics: can you easily locate and serve the defendant in that county? A “technically correct but practically difficult” venue can slow you down and increase costs.
North Dakota small claims is optional for plaintiffs: you may “opt out” and bring your case on the regular civil docket even if your claim is under the cap. Why would you? If you anticipate complicated motion practice, extensive discovery, expert testimony, or non-monetary relief, the formal track may fit better despite added cost. Conversely, a straightforward invoice or deposit dispute usually belongs in small claims. There is also an “opt out” dimension for defendants: after being served, some states permit a defendant to remove the case to a different track; understand whether your defendant can trigger a transfer and how that would impact timing and cost. Thinking through parties, venue, and forum choice at Step 2 prevents jurisdictional potholes later and sets you up to file once—and only once.
Step 3 — Build a persuasive file: evidence, calculations, and a clean narrative under the $15,000 cap
Even in small claims, the party with the better organized story usually wins. Start by drafting a two-minute narrative you could read to a judge: who the parties are; what was promised; what happened; how it breached; and your exact dollar calculation. Then assemble the evidence binder. For contract or services disputes, include the agreement (emails or text threads can show terms if no formal contract exists), invoices or estimates, proof of payment (checks, ACH, receipts), delivery logs, and dated photographs that show the condition before/after. For deposit disputes, show the deposit receipt, lease or booking terms, cancellation policy, and your demand/refund correspondence. For damaged property, bring repair estimates and photos with timestamps. Print text messages and emails with sender/recipient and dates visible; avoid partial screenshots that cut off context or headers. Label exhibits (A, B, C, …) and make at least two extra copies—one for the judge and one for the other side. Small claims is forgiving, but legibility and chronology matter.
Next, get the math right. Judges appreciate a tidy damages table: principal amounts by invoice or event, credits, refunds, and any contractual interest stated in the agreement (note: small claims focuses on principal recovery; if you are very near the $15,000 cap, consider whether to forego some add-ons to preserve jurisdiction). If the contract allows attorney’s fees to the prevailing party, flag that—but understand fee awards are discretionary and modest in this forum. If you are seeking cancellation of an agreement for fraud or misrepresentation (a remedy expressly included in small claims when the value is within the cap), make sure your evidence shows the misrepresentation, your reliance, and your resulting loss, all tied to a value ≤ $15,000. If you are close to the time bar, include documentation of the last payment date or acknowledgment to show timeliness.
Finally, prepare for predictable defenses. If the other side may say “we fixed it” or “you didn’t give notice,” include photos showing unresolved defects and copies of notice emails with dates and read receipts. If they may argue you sued the wrong person, bring evidence of the legal entity you dealt with (invoice headers, W-9s, Secretary of State printouts). If you anticipate a counterclaim, consider whether a negotiated settlement before filing makes sense; sometimes a pre-suit letter with your exhibits prompts payment without fees. But if settlement fails, your neat binder and precise numbers will serve you well in the clerk’s office, in front of the process server, and—most importantly—at the hearing.
Step 4 — File your small claim: forms, fees, clerk requirements, and service planning
Use the North Dakota Supreme Court–approved small claims forms. Complete the claim affidavit with accurate party names, dollar amount (≤ $15,000), venue facts, and a short statement of the claim. Attach your key supporting documents or have them ready for hearing per the packet’s instructions. Pay the filing fee set by statute for small claims filings with the district court clerk (fees are modest; check the current schedule before you go). When you file, ask the clerk about any local administrative orders or preferences (some clerks provide helpful checklists or require extra copies). Immediately plan for service—the defendant must be formally notified. North Dakota allows personal service or service by mail within the state, following the statute’s directions. For business defendants, service on the registered agent is usually the cleanest path; bring the agent’s name and address from the Secretary of State’s website. Keep all receipts: prevailing parties may recover allowable costs, and the court often asks for proof.
As you launch service, anticipate obstacles. If the defendant has moved, consider skip-tracing basics: USPS forwarding, utility records lawfully obtained, or employer info from prior emails. Do not harass or misrepresent your identity; all contact should be professional and lawful. If service by mail is returned undeliverable, pivot to personal service by a sheriff or private process server (following the limits the small claims statute imposes). Calendar the defendant’s response window and your hearing date expectations. Some North Dakota small claims are set quickly; others depend on local docket load. If a settlement seems likely, you can still discuss resolution after filing—just be sure any agreement is in writing and, if you settle fully, that you notify the court so the case can be dismissed upon performance. Filing correctly—and serving correctly—prevents the most common delays: rejected paperwork, bad addresses, and missed deadlines.
Step 5 — Prepare for the informal hearing: script, exhibits, witness handling, and settlement posture
Treat the small claims hearing like a focused presentation rather than a legal brawl. Your goal is to help the judge quickly see (1) what agreement or duty existed, (2) how the other party failed to perform, and (3) the precise, well-supported amount you are requesting that stays within North Dakota’s $15,000 cap. Start by writing a two-minute script you could comfortably read if nerves spike. Open with who you are, who the defendant is, when and how the relationship began, and the core promise (“Defendant agreed to install a metal roof for $8,400, with completion by May 15”). Then, in chronological order, explain what went wrong and how much it cost you, backing each assertion with one clearly labeled exhibit. End with a clean ask: “I’m requesting $6,275, which is the unpaid portion plus the cost to fix incomplete work, less the $1,000 discount we discussed; my calculation is Exhibit A, line 9.”
Build a slim, powerful exhibit set. Put a cover page on top with an index: Exhibit A (damages table), B (contract or message thread evidencing terms), C (invoices/receipts), D (photos—before/after with dates), E (notices and responses), F (refund or credit proof), G (any expert/repair estimate). Use large, legible fonts; print screenshots with visible dates, senders, and recipients; avoid redactions that obscure context. Bring at least three full sets—one for you, one for the defendant, one for the judge/referee. Clip, don’t staple, if your court scans documents. Number pages inside each exhibit so you can say, “Exhibit C, page 3,” and everyone can land instantly on the right spot. If you rely on math (interest allowed by contract, multiple invoices, or offsets), prepare a single-page spreadsheet that totals automatically and shows formulas—judges appreciate arithmetic clarity.
Decide early whether you need a witness. Small claims in North Dakota is intentionally informal, but first-hand testimony can still be decisive. A subcontractor who inspected the defective roof, a neighbor who watched the delivery, or a bookkeeper who keeps your accounts can authenticate records and give credibility to your timeline. Confirm their availability; if they are unwilling, ask the clerk how to subpoena a witness for small claims and calendar service deadlines. Keep witness questions short and open-ended: “What did you observe on May 15?” “What was the condition of the siding when you inspected it?” “What does this invoice reflect?” Avoid leading questions if the answer could be seen as coached. If a witness cannot attend, some courts allow a sworn statement or declaration; call the clerk beforehand to confirm what is acceptable.
Craft a settlement plan before the hearing. Many disputes resolve in the hallway when both sides finally see the same stack of documents. Decide your minimum acceptable number or non-cash terms (e.g., “$3,500 in 30 days, then $300/month for 12 months with automatic ACH”). Draft a simple written agreement template you can fill in by hand: names, case number, payment schedule, late-payment remedy, and a clause stating you will file a satisfaction when paid. Bring two copies so both sides can sign. If you settle, ask the clerk how to notify the court—some divisions will allow you to place the agreement on the record or to file a stipulation of dismissal after payment clears. If you do not settle, your preparedness signals credibility and can influence how the court views contested facts.
Rehearse your delivery. Time yourself: your direct narrative should be two to three minutes; each witness, three to five minutes; rebuttal, one minute. Practice flipping to exhibits quickly. Anticipate common defenses and have a calm response ready. If the defendant argues “we fixed it already,” show dated photos and the post-repair invoice. If they claim you sued the wrong party, produce the Secretary of State printout with the legal name and the signed contract header. If they raise quality, present the third-party estimate outlining industry-standard fixes. Keep tone professional and neutral—judges in small claims see dozens of cases in a session; they respond best to organized, respectful presentations. Finally, prepare a short closing that restates your ask and points the court to your damages table. With this preparation complete, you will walk into the courtroom with a clear story, tidy exhibits, and options to settle on favorable terms if the opportunity arises.
Step 6 — Attend the hearing and present clearly: facts first, math second, civility always
Arrive early, check in with the clerk or bailiff, and organize your exhibits on the top of your file so you can hand the judge a clean set immediately. Dress neatly, silence your phone, and observe a case or two if the docket is running—this helps you understand your judge’s pace. When called, stand where directed, and address the court respectfully. If you are the plaintiff, you will typically go first. Start with your two-minute narrative: who, what, when, breach, amount sought. As you introduce key facts, offer the corresponding exhibit: “Your Honor, Exhibit B is the written estimate with the May 15 completion date; Exhibit C, page 2, is my payment receipt; Exhibit D shows the condition of the roof on May 20.” Hand exhibits to the bailiff only when the judge indicates. Avoid editorializing—stick to dates, amounts, and documents. If the judge asks a question, answer directly and concisely, then stop; do not volunteer extra commentary unless asked.
If you called a witness, bring them up when prompted. Lay the foundation briefly: name, relation to the case, what they observed. Keep the focus on first-hand knowledge: “I inspected the siding personally on May 22; the north wall was incomplete, and I saw gaps at the soffit.” If the defendant cross-examines, let your witness answer; do not interrupt. When it is the defendant’s turn, listen carefully and take notes on a pad. Mark the line and exhibit page you will reference in rebuttal. If the defendant says “we never received notice,” be ready to point to Exhibit E, your email with read receipt or certified mail card. If they present documents you have not seen, glance quickly and ask the judge for a moment to review before responding.
Your math must be bulletproof. When you reach damages, walk the court through your one-page table slowly. Row 1: contract price; Row 2: amount paid by you; Row 3: work completed value (if relevant); Row 4: cost to repair or complete; Row 5: credits/refunds; Row 6: total sought. If you are close to North Dakota’s $15,000 small-claims limit, confirm on the record that your request does not exceed it and that you are not seeking disallowed add-ons. If the contract includes interest, explain the rate and time period and note that you have not exceeded the cap. Judges appreciate precision here; that reassurance can ward off jurisdictional concerns.
Conduct matters. Do not interrupt the other side; if they interrupt you, pause and let the judge control the room. Avoid sarcasm or eye-rolling; it never helps. Be ready for a quick ruling or for the judge to take the matter under advisement. If a ruling issues immediately, listen closely; write down the amount awarded, any offsets, and what, if anything, the court orders about costs. If the defendant prevails on a narrow point (for example, the court excludes part of your estimate or reduces an amount for lack of proof), accept the ruling respectfully and shift to closing: a brief restatement of what remains and why it supports your total. If the court encourages settlement on a narrow gap, consider it—sometimes a small concession avoids a delayed decision and speeds collection. When the hearing ends, thank the court, collect your copies, and head straight to the clerk to learn when the written judgment will be available. The faster you obtain a certified copy, the sooner you can begin enforcement if payment does not arrive voluntarily.
Step 7 — Obtain the judgment and immediately memorialize balances, interest, and costs
A small claims judgment is a court order—powerful on paper, but it has to be put to work. As soon as the judge rules, ask the clerk how and when to pick up or download the signed judgment. Order multiple certified copies—two or three is common—so you can pursue parallel enforcement paths without waiting (for example, wage garnishment and bank levy, or docketing a lien while you send a demand letter). Confirm on the face of the judgment the exact party names and addresses, the principal amount, any awarded costs, and whether post-judgment interest applies and at what rate. If the judge mentioned costs orally but they do not appear on the written order, ask how to file a cost bill or request the inclusion before finalization—clerks often have a standard form and a short deadline.
Spin up a collection ledger the same day. Columns should include date, running principal, interest accrual, payments received, costs advanced (writ fees, service fees, sheriff deposits), and notes (e.g., “employer confirms garnishment address,” “bank RA served on 4/12”). This ledger becomes your source of truth for affidavits in support of garnishment and for payoff quotes to employers, banks, or title companies. Keep copies of every receipt and return of service; organize them by remedy type so you can answer court questions without digging. If the court’s judgment omits a middle initial or contains a typographical error that could hinder bank or employer matching, promptly file a motion to correct clerical mistake (nunc pro tunc) with a proposed corrected judgment—fixing it now avoids headaches later.
Before firing off writs, try a short, professional demand letter enclosing a copy of the judgment and offering practical payoff options (for example, “lump sum within 15 days with $100 cost discount,” or “installments of $300 due the 1st of each month with ACH”). Give a clear deadline and say that, absent arrangements, you will begin wage garnishment or levy without further notice, as permitted by law. This letter is not a bluff; have your garnishment and levy packets ready to file if the deadline passes. If the debtor calls to negotiate, take notes, confirm any plan in writing the same day, and do not suspend your calendar—if a payment is missed, resume enforcement immediately. Finally, think about asset protection timing: if you learned at the hearing that the debtor expects a tax refund or bonus next month, schedule your bank levy or wage garnishment so it intercepts those funds lawfully. With judgment in hand, a tight ledger, and a clear plan, you transform a piece of paper into a roadmap for getting paid.
Step 8 — Collect smartly: wage garnishment, bank levy, liens, and lawful pressure
Pick the right tool for the debtor you actually have. If the debtor is a W-2 employee, wage garnishment is often the most reliable: steady, court-supervised, and difficult to avoid without changing jobs. Prepare the garnishment application with your judgment details, current balance from your ledger, and the employer’s proper legal name and service address (get the registered agent from the Secretary of State or ask HR for the designated garnishment address). Serve precisely as the rules require and calendar the employer’s response date. If the debtor is self-employed, look to bank levy or garnishment of accounts receivable from major customers or payment processors. For bank levies, identify the bank’s registered agent, serve the writ, and send any required consumer notices outlining exemptions. Expect a short holding period while the bank freezes funds and the debtor may assert exemptions (e.g., Social Security, disability). If exemptions are raised, gather your records, appear at the hearing, and be ready to show commingling or non-exempt deposits if applicable.
Do not ignore liens. Recording a judgment lien against real property is inexpensive and exerts silent leverage—title companies will demand payoff at refinance or sale. If the debtor owns non-homestead property with equity, discuss with the clerk or an attorney the practicality of a levy and sheriff’s sale; costs and senior liens can eat into proceeds, so run numbers before you spend. For vehicles or equipment, coordinate with the sheriff early about deposit requirements, storage, and sale timing; sometimes a phone call from the sheriff’s office after levy spurs a swift settlement that nets more than auction. Keep garnishment and levy streams parallel where possible. For example, keep wage withholding running while you perform a one-time bank levy around bonus season. Stagger actions so you are always collecting or testing a new path rather than waiting idly.
Maintain professional, lawful pressure. Every communication should be factual and courteous; never threaten illegal action or contact third parties who have no legal role. If the debtor retains counsel, communicate through that lawyer. If the debtor files bankruptcy, stop collection immediately and seek guidance on filing a proof of claim or requesting relief from stay if appropriate—violating the stay can have consequences. Document everything: dates of writs, service proofs, employer responses, bank reports, payments received, and credits applied. When you receive money, issue a receipt and update your ledger the same day. When you reach a zero balance, file and record a Satisfaction of Judgment promptly; delays can expose you to penalties and erode goodwill with clerks and title companies. The hallmark of smart collection is cadence: one measured step each month until you see either sustained payment or a strategic reason to pause.
Step 9 — Consider payment plans and mediated resolution; document defaults and credits
Not every debtor can pay at once, and rigid insistence on lump sums can reduce total recovery. A well-structured installment plan with enforcement “teeth” converts sporadic payments into a predictable stream. Put terms in writing: total balance as of a date, interest posture (statutory interest may continue to accrue unless you agree otherwise), specific monthly amount, due date, grace period (if any), payment method (ACH preferred), and a clear default clause. The default clause should allow you to resume garnishment or execute on assets immediately if a payment is missed by a set number of days, without renegotiating. If your court permits, file a stipulated order that memorializes the plan so the judge can enforce it without new litigation. Avoid taking personal checks for large initial payments; use money orders, cashier’s checks, or electronic methods with clear confirmation.
Consider mediation if communication is tense. Even post-judgment, a neutral can help hammer out realistic numbers and schedules that an employer or bank will not disrupt. Bring your ledger and propose options: (a) reduced lump-sum within 15 days, (b) standard monthly plan, or (c) stepped plan that increases when a known expense ends (e.g., after a lease expires). If the debtor has seasonal income, tailor payments to high-cash months and set a minimum floor for off-season. You can often secure a larger total by accommodating cash-flow realities while keeping strict enforcement rights. If you trade concessions (waiving part of interest or costs), tie the concession to timely completion of the plan so that a default restores the full original balance.
Administrative discipline makes plans work. Use an online portal or recurring ACH so payments happen automatically. Send polite reminders three days before each due date and a receipt immediately after. Update your ledger and, once a quarter, send a balance snapshot so there are no surprises. If a payment is missed, follow your default clause: send a short notice that you will resume garnishment or levy on a date certain unless the arrear is cured. Avoid long, emotional back-and-forth; let the paper do the work. If the debtor proposes a change (job loss, medical issue), ask for proof (termination letter, disability statement) and consider a short deferral tied to evidence and a revised schedule—decisive but humane responses preserve credibility with courts if enforcement motions become necessary later. At completion, promptly issue a Satisfaction of Judgment and any lien releases, and send a thank you note confirming the account is closed—professional closure reduces disputes and protects your reputation should you need help from the same clerk’s office again.
Step 10 — Close out correctly: satisfactions, recordkeeping, renewal strategy, and lessons learned
Whether you collected in full, settled for less, or decided to wait for a better time, close the file the right way. If you are fully paid, file a Satisfaction of Judgment with the clerk promptly; if you recorded any liens, record a release in the same counties. Many jurisdictions impose deadlines and even penalties for failing to file satisfactions, and title companies will call you if a lien lingers. Send the debtor a copy for their records. If you settled for a lump sum less than the face balance, your satisfaction should state that the judgment is satisfied to avoid future confusion. Where applicable, notify employers to terminate garnishments and confirm with the clerk that wage withholding orders are marked completed.
Archive your collection packet in a single, indexed PDF: the judgment, certified copies, demand letters, writs, proofs of service, garnishee responses, bank levy reports, sheriff returns, payment receipts, and correspondence logs. Keep your ledger as the first pages so anyone opening the file understands the financial history immediately. If your judgment is not yet satisfied and your state allows a fixed enforcement lifespan with renewal, calendar the renewal date at least six months early. Renewal usually requires a motion or filing with service on the debtor and an updated balance affidavit; your tidy ledger makes this trivial. Meanwhile, maintain light monitoring: once a year, check property records, corporate filings, and public dockets to see whether circumstances changed—new home purchase, business formation, or recorded transactions that suggest assets.
Reflect on process improvements. Did your initial contract lack clarity about change orders, deposit refunds, or interest? Update your business forms to reduce future disputes. Did you spend time chasing records that could have been organized earlier? Build a standard evidence checklist for future transactions (signed scope, delivery confirmations, condition photos). If you are a frequent small-claims litigant (e.g., a small contractor or landlord), create templates for damages tables, demand letters, and payment plans so you can act quickly next time. Finally, stay professional even after the file closes. A debtor who experiences fair treatment is more likely to cooperate during any future verification (e.g., a title company call years later) and less likely to complain to a clerk or judge if your paths cross again. Closing well is not just about neat paperwork; it protects your credibility, saves time on the next case, and reinforces the disciplined approach that got you paid.
Costs Associated
Expect a modest filing fee for small claims and service costs if you use a sheriff or private process server. If you prevail, allowable costs are typically added to the judgment amount. Post-judgment enforcement tools (garnishment writs, execution) may have additional clerk or sheriff fees. Always check the current fee schedule and keep receipts so the court can credit recoverable costs.
Time Required
Timelines vary by county and docket load. Many small claims receive hearing dates relatively quickly after filing and service. If parties settle early, you can dismiss on performance. If the matter goes to hearing, expect a focused session that moves faster than a full civil trial. Post-judgment collection timing depends on the debtor’s employment, assets, and responsiveness to lawful tools like wage garnishment or bank levy.
Limitations
- Strict $15,000 jurisdictional cap; do not split larger claims.
- Primarily for money recovery or cancellation of certain agreements; not for injunctions or complex equitable relief.
- Assignees (including collection agencies) may not file in small claims.
- Simplified procedures mean limited discovery and a narrow evidentiary scope.
Risks and Unexpected Problems
- Improper service can delay or derail your case—verify addresses and methods before attempting.
- Poor documentation reduces credibility in an informal setting where documents carry significant weight.
- Even with a judgment, collection can take time; plan for enforcement steps and exemptions.
- If the dispute proves too complex, the court may direct the case to the regular civil docket.
Sources
- North Dakota Courts — Small Claims Court (overview and limit)
- North Dakota Century Code, Chapter 27-08.1 — Small Claims Court (jurisdictional limits, venue)
- North Dakota Rules of Court, Rule 10.2 — Small Claims Court (assignee filing bar)
- ND Courts — Small Claims Forms Packet (instructions; $15,000 limit referenced)
- NDCC § 27-05.2 (selected fee provisions; check current schedule with clerk)
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