Overview

In North Dakota, the statute of limitations (SOL) sets hard deadlines for when you must file a lawsuit, including small claims cases. Small claims is a forum choice (informal, capped at $15,000), but the SOL comes from statewide civil statutes, not the small-claims rules themselves. Practically, most small claims are money disputes that fall under the general six-year limitation for contracts and many other civil claims, the four-year period for Uniform Commercial Code (UCC) sales-of-goods disputes, or the two-year period for specific torts like libel, slander, assault, and battery. A unique small-claims twist: the North Dakota Courts’ official small-claims guidance adds a requirement for debt-type claims—no more than six years may have passed since the date of the debt or the date of the last payment. That “last payment” language effectively recognizes the common doctrine that a voluntary partial payment can restart the limitations clock in many contract/debt contexts, subject to the governing statute. Understanding SOL is mission-critical because an otherwise strong case can be dismissed if filed late, and because the exact category (general contract vs. UCC sale) can shorten the time window from six years to four. Equally important are tolling and accrual rules: North Dakota law contains specific statutes on when the clock starts, how disabilities (minority, insanity, imprisonment) can extend the time—but with strict caps—and how special topics (childhood sexual abuse claims, government defendants, or “catch-all” actions not otherwise covered) adopt their own timing. For small-claims litigants, this means you should (1) classify your claim type precisely, (2) compute accrual using the right event (breach, delivery, last payment, discovery only when a statute allows it), (3) check for tolling that might extend or for rules that don’t allow tolling, and (4) file well before the last day. The result is a cleaner, safer filing that survives early challenges and keeps focus on the merits. The following ten-step playbook gives you a conservative, practical way to calculate, document, and defend your limitations timeline from intake through hearing.

Step-by-Step Process and Timeline (North Dakota Statute of Limitations)

Step 1: Identify Your Claim Category Before You Touch the Calendar

Limitations analysis begins with correct classification. In North Dakota, many small-claims disputes are contractual, and the general rule is a six-year limitations period for “an action upon a contract, obligation, or liability.” That captures written contracts and most non-UCC money claims like unpaid services, rent, open account, or simple repair invoices. However, if your dispute arises from a contract for the sale of goods (think: you bought equipment, appliances, parts, inventory), the Uniform Commercial Code controls and the limitation is four years from accrual unless the parties validly shortened it by agreement (not below one year). If the claim sounds in tort—e.g., libel, slander, assault, battery—the period can be two years. Some injury-to-property or negligence claims may still fall under six years; do not assume every tort is two years. For claims “not otherwise provided for,” there is a ten-year catch-all, but you should treat that as a last resort and confirm no more specific statute fits. If your defendant is the State or a public employee acting within scope, special timing and notice rules can apply.

Why does this categorization matter so much in small claims? Because the forum’s simplicity does not relax deadlines—judges can and do dismiss late-filed cases even in small claims. Also, the North Dakota Court System’s small-claims page expressly warns debt claimants that “no more than six years” may pass since the debt or last payment to use small claims. That means even if you think a longer period might arguably apply under some theory, the court’s small-claims gatekeeping may still block stale debt filings. So, before you draft an affidavit, list candidate categories next to each claim item: “unpaid invoice for services (6 years),” “unpaid balance on water heater purchase (UCC goods, 4 years),” “security deposit wrongfully withheld (often 6 years if contractual/statutory money claim),” “defamation (2 years).” Break mixed cases into components—e.g., “goods” portion (UCC four years) vs. “installation services” portion (six years). If multiple periods could apply, adopt the shortest credible period for your filing calendar to avoid surprises.

Finally, note that limitations law cross-references accrual, tolling, and special statutes (sexual-assault related claims, childhood abuse windows, repose for construction, conflict-of-laws chapter on which state’s limitation applies). For everyday small-claims work—debts, consumer sales, minor property losses—most roads still lead back to the six-year contract rule or the four-year UCC rule. But your discipline here—naming the category precisely—drives every calculation that follows and prevents costly rework at the courthouse door.

Step 2: Determine Accrual — The Date the Clock Starts

Accrual is the legal moment your claim is deemed to exist, and the limitations clock starts then. For ordinary contracts in North Dakota, the claim accrues on breach—missed payment due date, failure to deliver services by the agreed milestone, nonperformance by the promised deadline. For UCC sales of goods, accrual typically occurs when tender of delivery is made, regardless of whether you discovered the problem later; a limited “future performance” warranty can delay accrual until the breach is or should be discovered, but you need a warranty explicitly extending to future performance for that exception. For installment debts and running accounts, treat each missed installment as a potential, rolling accrual—but watch for acceleration clauses that may make the entire balance due at once. For landlord-tenant money claims (e.g., unpaid rent, damages beyond normal wear), accrual usually aligns with the end of the tenancy or the due date of the specific charge.

North Dakota’s small-claims page adds a practical screen for debt claims: you must file within six years of the debt or the last payment. That “last payment” marker operates like a simple, built-in recognition of revival by part payment. If your debtor made a voluntary, identifiable partial payment on May 1, 2023, many standard money claims’ limitation would restart from that date (always keep proof of payment identity and voluntariness). Be cautious with “acknowledgments” by email or text—courts scrutinize who wrote it, what exactly was acknowledged, and whether it meets statutory or case-law criteria. For tort claims with a two-year period, accrual often coincides with the injury event, not when all consequences are known.

Because accrual determines everything, write it down explicitly in your packet. Build an “Accrual Table” with columns: event, exhibit, candidate statute, accrual date, last day to sue under worst-case (shortest) statute. Example: “03/15/2022 — goods delivered; defects noted — Ex. C photos — UCC 4 years — accrual 03/15/2022 — last day 03/15/2026.” Example: “08/01/2021 — invoice due net 30; nonpayment — Ex. D ledger — six-year contract — accrual 08/31/2021 — last day 08/31/2027; partial payment 04/10/2024 resets — new last day 04/10/2030.” Using the shortest plausible period gives you a safe filing calendar even if your classification is later challenged.

Step 3: Check Tolling and Disability Rules (Use Them Carefully)

Tolling pauses or extends the limitations clock in narrow circumstances, but you must apply North Dakota’s statutes as written. The general disability statute allows tolling for persons under 18, for those “insane,” or for those imprisoned for a term less than life—yet the extensions are capped (e.g., mental-incompetency extensions cannot exceed five years; infancy tolling generally cannot extend longer than one year after the disability ceases). North Dakota cases caution that these are definite, limited extensions, and the statutes contemplate that a claim can accrue while a disability exists. When multiple disabilities coexist, a companion statute says limitation does not attach until they are all removed, but courts harmonize these provisions so the explicit caps still matter. In practice, you can’t expect open-ended tolling; you must compute specific extended dates using the caps and stopdates.

Some subject-matter statutes alter the general approach. UCC allows parties to shorten the period (not below one year) by agreement; it also has its own accrual rules for future-performance warranties. Special statutes govern sexual-assault and childhood-sexual-abuse claims, with their own limitation windows and amendments; these are typically outside small-claims scope but understanding them keeps your intake accurate. Government-related claims (or claims against the state or employees) carry distinct limitation/notice rules; check the current section on actions against the state to avoid pitfalls. Also distinguish statutes of repose (e.g., construction) from statutes of limitations—repose can cut off claims regardless of discovery or disability after a set number of years from substantial completion.

Because tolling fights are technical, build a one-page “Tolling Memo” in your packet whenever you rely on it. Identify the precise statute, the start and end of the disability, and show math that arrives at a concrete new deadline. Attach exhibits proving the disability facts (date of majority, guardianship orders, incarceration dates). If you don’t need tolling to be timely under the shortest plausible period, say so explicitly; it simplifies your hearing presentation and deprives the defense of a target. Small claims is built for clarity—use tolling only when essential and with documentary rigor.

Step 4: Apply the Small-Claims “Debt or Last Payment within Six Years” Screen

North Dakota’s official small-claims guidance adds a practical limitation that often answers the timeliness question for consumer and business debt filings: you may bring a small-claims case to recover money only if “no more than six years has passed since the date of the debt or date of the last payment.” Treat this as a gate you must pass through before the clerk will meaningfully process your case. The “last payment” clause aligns with the common-law idea that a voluntary partial payment that is clearly referable to the specific debt can restart the limitations period; in your exhibits, identify the payment date, method, and who made/accepted it, and connect it to the exact debt. If there have been multiple partial payments, compute the deadline from the most recent qualifying payment, not the original invoice date.

What if part of your dispute involves goods (a refrigerator sale) within a larger services relationship (installation/wiring)? Segment the claim: the goods portion is subject to the UCC four-year period from tender, while services or open-account work generally fits the six-year period and the “last payment” screen. You can still file a single small-claims case for both so long as the total does not exceed $15,000 and each component is timely under its own rule; be explicit in your affidavit about which dollars relate to goods versus services and how each meets its limitations deadline. If any component is arguably stale, either drop it or prepare a precise tolling/partial-payment explanation with documentation; small-claims judges prize simple, well-supported math over sprawling narratives about why something “should count.”

Edge cases include revolving charge accounts, subscription services, or rolling delivery contracts. For these, identify the contractual due dates and any accelerations, then map payments to specific invoices or the running balance as your documentation permits. If your documentation is thin, adopt the earliest plausible accrual date to compute a conservative “last day to sue,” and file as soon as possible. Remember: limitations is an affirmative defense; you don’t have to prove timeliness in your pleading, but small-claims intake and the judge’s threshold review may screen you out if the court can see on the face of your documents that six years have elapsed since the debt or last payment. Proactively demonstrating timeliness—via a short “Limitations Schedule” page—turns a potential objection into a non-issue.

Step 5: Build a “Limitations Schedule” Exhibit and Preempt Defenses

In small claims, you win timeline disputes by papering them. Create a one-page “Limitations Schedule” you’ll place directly behind your damages ledger. Use a fixed layout: left column for event; middle column for exhibit; right column for “Statute / Accrual / Last Day.” Example row for a services invoice: “08/31/2021 — nonpayment after net-30 due — Ex. D invoice + emails — NDCC § 28-01-16 (6 yrs) / accrual 08/31/2021 / last day 08/31/2027; reset by partial payment 04/10/2024 — Ex. H bank record — new last day 04/10/2030.” Example row for a goods dispute: “03/15/2022 — tender of delivery — Ex. C bill of sale — NDCC § 41-02-104 (4 yrs) / accrual 03/15/2022 / last day 03/15/2026.” If a two-year tort component exists, keep it distinct: “09/01/2024 — alleged defamation publication — Ex. K post — NDCC § 28-01-18 (2 yrs) / last day 09/01/2026.”

Preempt common defenses in a short note under the table. “Discovery rule” arguments usually don’t extend UCC claims unless a future-performance warranty applies; say so if you anticipate that debate. For debt revival by payment, add a sentence clarifying that the payment was voluntary, identified to this debt, and accepted—then attach proof (front/back of check, bank transfer, or portal receipt). If you rely on disability tolling, add a separate mini-table that cites the disability statute, the start and end dates, the cap applied, and the computed extension; include documentary proof (e.g., date of majority). If you’re suing a government actor, confirm whether a specific limitations/notice statute governs and show compliance dates. This one page turns a likely cross-examination into a checklist the judge can follow in seconds.

Finally, align your requested amount with the timely components. If a portion of your claim is arguably time-barred under the shortest plausible statute, remove it. Judges appreciate plaintiffs who “self-police” timing issues; it boosts credibility and often accelerates a favorable, narrow award. With your Limitations Schedule, you will walk into the hearing with a calm, document-anchored story: what category this is, when accrual happened, whether anything tolled or reset the clock, and why today’s filing date beats the deadline under even the strictest reading. That clarity is the practical difference between winning on the merits and losing on a technicality.

Step 6: Verify Timeliness Before Filing — Do a “Deadline Audit”

Before filing any small-claims case, perform a precise “deadline audit” to confirm that your case sits comfortably within the statute of limitations. This audit ensures that no event occurred earlier than your calculated cutoff date under the governing limitation statute. In North Dakota, courts strictly apply these periods, and the simplicity of small claims does not excuse late filings. To conduct this audit, gather your key documents—contracts, invoices, receipts, delivery slips, correspondence, and bank statements—and mark the dates of each event that could trigger accrual. Highlight the earliest possible breach or injury date, because a cautious approach assumes the clock began then.

Now build a one-page calendar visualization. On the left margin, list critical dates: performance deadlines, breach points, last payments, and any written acknowledgments. On the right margin, compute each limitations cutoff: add six years for most contracts, four years for sales-of-goods, or two years for certain torts. Add shorter contractual periods only if your contract explicitly says so, because the law forbids shortening below one year for UCC claims. Your objective is to demonstrate to yourself—and eventually the judge—that, as of today’s filing date, every disputed amount falls inside its limitation window. Include partial-payment resets if applicable, but never assume an oral promise “to pay someday” revives a claim; you need evidence of actual voluntary payment or a signed written acknowledgment.

Common audit traps include “silent defaults” (no explicit breach date but a long-ignored invoice), recurring service arrangements with unclear renewal cycles, and verbal extensions that lack documentation. For recurring invoices, treat each unpaid charge as its own accrual point, each with its own countdown. For a lump-sum obligation with no maturity date, apply the “reasonable time” rule—usually the date performance was demanded or payment reasonably expected. If multiple states are involved, verify that North Dakota law applies; the state’s conflicts statute can borrow another state’s shorter limitation period if the claim arose there. That borrowing provision can drastically reduce your time window.

When your audit shows a close call—say, five years and eleven months since breach—file immediately and gather backup showing either a later accrual or a payment reset. Never gamble that a sympathetic clerk will overlook lateness; statute-of-limitations compliance is jurisdictional. Include your computed limitation timeline in your working file (not necessarily in the court packet unless relevant). If your case rests on partial-payment revival, include copies of the canceled check or payment confirmation showing the date, amount, and the specific debt referenced. When you finish this audit, you should be able to answer, in one sentence, “Why is my case still timely under North Dakota law?” That discipline builds confidence, speeds clerk acceptance, and disarms any “too old” argument before it starts.

Step 7: Filing Strategically — Anchor the Limitations Story in Your Claim Affidavit

When you complete the Claim Affidavit for small claims, weave your limitations compliance subtly but clearly into the narrative. The affidavit asks “Why are you suing?” and “When did this happen?” Use those prompts to reinforce your timeliness. For instance: “Defendant failed to pay for contracted services completed on June 1, 2022; last partial payment made July 10, 2023.” This concise phrasing preemptively shows that you filed within the six-year window and, for debts, within six years of the last payment. If you are near the line, attach a one-page “Attachment—Limitations Timeline” showing dates and exhibits. You are not required to cite code sections in small claims, but doing so briefly (“within NDCC §28-01-16 six-year limitation”) adds credibility.

When you file, remember that the act of filing stops the limitations clock; later rejections or service issues do not restart it if you correct them promptly. That said, avoid last-minute filings that risk rejection. Small claims filings are sometimes refused for clerical issues—illegible text, missing signatures, or unpaid fees. File early enough to correct rejections before your limitation expires. For e-filing, verify the “Accepted” timestamp, not just “Submitted.” For counter filings, request a conformed copy stamped with date and time; that stamp is your protective shield against limitation challenges. For mail filings, include return envelopes and enough time for postal delays, but know that filing is deemed effective upon receipt by the clerk, not mailing date.

Use the filing step to align your story with the legal timing: if the debt or breach occurred several years ago, explain in your affidavit why the limitation still permits it (e.g., partial payment, acknowledgment, or recent breach of a continuing obligation). Doing so proactively prevents confusion at the hearing. If you rely on tolling or a disability extension, state the basic facts succinctly and attach proof. Judges appreciate litigants who simplify legal points instead of springing them mid-hearing. After filing, store the receipt and the stamped claim in your Limitations Schedule file. If any question arises later, your organized, date-labeled record speaks louder than argument. By anchoring limitations facts in the initial claim, you set the tone: this is a prepared, timely, and credible case.

Step 8: Handling the Hearing — Anticipate Limitations Challenges

At the small-claims hearing, a savvy defendant may argue that your case is barred by the statute of limitations. Expect it and prepare your exhibits to neutralize the issue. Limitations is an affirmative defense, but a judge may still ask clarifying questions if the timeline appears old. Your best defense is your Limitations Schedule and the concise math that accompanies it. When asked, explain in one or two sentences how you remain within the period: “The breach occurred May 1, 2019; defendant made a partial payment on March 3, 2022; filing occurred February 2025, within six years of that last payment.” Then hand up the proof: the check image or bank record. Avoid emotional digressions; focus on dates and documents.

Organize your packet so that the limitations discussion is fast to locate. Use colored tabs or a divider labeled “Timeline/Limitations.” Judges appreciate brevity and clear paper trails. If you have multiple claims spanning years, make a timeline chart with arrows showing when each arose and when filed. Clarify that you are not seeking recovery for amounts older than the limitation window. This self-limiting presentation demonstrates fairness and can improve credibility. If the defendant cites a wrong period—for instance, invoking a two-year limit for a contract claim—calmly cite NDCC §28-01-16 and point to your written contract exhibit, showing the six-year period applies. If it’s a goods sale, acknowledge the four-year rule but show you are still within it; candor reinforces credibility.

If your case hinges on tolling, be ready to show the underlying facts: disability duration, imprisonment records, or date of majority. If you used a future-performance warranty to delay UCC accrual, bring the warranty language and explain briefly that the defect was discovered within the warranty window. Don’t over-lawyer; simplicity wins in small claims. Judges want to know whether, under the straightforward reading of the statutes, you filed in time. Conclude your limitations response by redirecting to the merits: “All events are within the limitation period; may I now explain the actual damages and payments?” That polite pivot keeps control of the narrative and moves the discussion toward your stronger ground—proof of debt or performance failure.

Step 9: Judgment, Collection, and Post-Judgment Timelines

After judgment, new timing rules emerge. A winning plaintiff becomes a judgment creditor with ten years to enforce the judgment under North Dakota law. This ten-year life span functions like a new limitations period for enforcement, separate from the original claim’s statute of limitations. You may renew the judgment before it expires to extend enforceability another decade. Keep a tickler system that reminds you at the nine-year mark to renew if unpaid. This distinction matters: the original debt’s limitations period stops being relevant once judgment is entered; the judgment itself now governs collection timing. Still, post-judgment interest and enforcement costs must stay within statutory bounds. Record any abstract of judgment promptly if you want to lien real property; this gives you security that outlasts memory or mobility of the debtor.

If you lost, and think the judge misapplied the limitations law (for example, treated your claim as time-barred incorrectly), consult the clerk about appeal deadlines. In small claims, removal or appeal deadlines are short—often thirty days from entry. Missing them finalizes the judgment. Keep copies of your Limitations Schedule and proof; if you later refile in district court or challenge the interpretation, you’ll have a ready-made record. Limitations issues on appeal focus on clean date math and documented facts, not rhetoric. Present your evidence sequence—accrual, payment reset, filing date—exactly as you did below.

Once the judgment is final, use lawful collection tools—writs, garnishments, and abstracts—within the ten-year enforcement window. Each action has its own micro-timelines (e.g., garnishment service validity, writ lifespan). Keep these secondary clocks on your ledger. Limitations law teaches time discipline; apply that discipline to enforcement as well. Deadlines missed after judgment can waste an otherwise strong win. Mark each expiration, renewal, and satisfaction date so that your small-claims file remains a complete, time-compliant story from first breach through final satisfaction.

Step 10: Closure — Archive and Learn for Future Timeliness

When the case concludes—whether by payment, settlement, or exhaustion—finish strong by archiving your timeline materials. File the stamped Claim Affidavit, service proofs, Limitations Schedule, hearing notes, judgment, and any post-judgment writs or satisfactions. Create a summary sheet listing every date: accrual, filing, service, judgment entry, enforcement actions, and final satisfaction. Label columns “Event,” “Date,” “Statute/Authority,” and “Status.” This transforms your experience into a reusable compliance template for future cases. Over time, this archive becomes your own internal precedent showing how judges treated close calls, what proof persuaded them, and how to avoid near-expiration anxiety next time.

Institutionalize what you learned: make a standard operating procedure that includes a limitations check early in every intake. Build a template “Limitations Verification” line in your claim checklist: identify statute, accrual, last day, and evidence. Doing so prevents late surprises and ensures your small-claims pipeline stays credible and efficient. Encourage any team members or colleagues who prepare claims to follow the same method—categorize, calculate, and confirm before drafting affidavits. If you handle consumer or business debts regularly, maintain a rolling database of last payments and corresponding deadlines; automation or reminders can prevent inadvertent expiry.

Finally, remember that limitations compliance is not merely a technicality—it reflects fairness and legal certainty. The discipline of verifying timeliness sharpens your judgment as a litigant. Each closed file that met every deadline builds your reliability with clerks and judges. When the last receipt clears and the acknowledgment of satisfaction is filed, review your Limitations Schedule one final time. Add one closing note: “Filed timely under NDCC §§28-01-16, 28-01-18, or 41-02-104.” This record tells the complete story: your claim began, ran, and closed entirely within the law’s time fences—an exact, confident end to your North Dakota small-claims journey.

Costs Associated

Small claims in North Dakota involve modest, predictable costs compared with traditional civil litigation. The primary expense is the filing fee, which depends on the claim amount and county. Typically, it ranges from $10 to $50. If you choose to have the sheriff’s office serve papers, add a service fee (usually $20–$40). Using a private process server may cost slightly more but offers faster turnaround and better tracking. If the defendant lives out of county, expect mailing or mileage charges. After judgment, if enforcement becomes necessary, budget for writ issuance and sheriff levy fees (which can vary by county). While the law allows recovery of reasonable service and filing fees as costs if you win, you must itemize and file for them explicitly. If you qualify for financial hardship, North Dakota courts provide fee waiver applications—submit them with income proof. Overall, most small-claims litigants resolve cases for under $100 total outlay, excluding collection costs.

Time Required

Time in small claims has two distinct meanings: procedural scheduling and the legal statute of limitations. Procedurally, hearings are usually scheduled within 30–60 days of filing, though court congestion or delayed service may extend that window. A well-prepared litigant can often complete the entire small-claims process—from filing to judgment—in two to three months. The statute of limitations sets the outer boundary: the period after which a claim can no longer be filed. In North Dakota, the general contract limitation is six years (N.D.C.C. §28-01-16), sales of goods under the UCC are four years (§41-02-104), and most torts such as libel, slander, or assault are two years (§28-01-18). For small-claims debt recovery, the statewide rule is even simpler—no more than six years may pass since the date of the debt or the last voluntary payment. Filing within these periods is essential; once expired, no amount of evidence can revive the case. Always mark the “accrual date” (the first missed payment, delivery, or breach) and count forward using the shortest applicable limitation.

Risks and Unexpected Problems

Statute-of-limitations disputes are a common pitfall in small claims. Filing late—even by one day—can cause dismissal, and judges strictly enforce these deadlines. Another risk is misclassification: using the six-year general contract rule for what is actually a four-year UCC goods sale, or assuming a “continuing obligation” when the law treats it as a single breach. Defendants often raise “staleness” as a defense, arguing that too much time has passed or that partial payments were unrelated. A missing proof of payment, ambiguous contract terms, or lack of clear breach date can undermine your position. Delays in service may also push your hearing beyond the court’s scheduling window, requiring refiling. Beyond the legal risks, practical ones include witness unavailability, document loss, or defendant insolvency after judgment. The surest mitigation is discipline: conduct a pre-filing limitations audit, document every payment or acknowledgment, and file early. Courts reward organized, punctual litigants who present clean evidence and clear date logic.

Quick Reference: Common North Dakota Limitation Periods

Authoritative Resources

• North Dakota Courts — Small Claims Overview
• North Dakota Small Claims Forms (official packet)
• Court Fees & Fee Waiver Information
• N.D.C.C. Title 28, ch. 01 — Limitations (incl. § 28-01-16 Contracts; § 28-01-18 Torts)
• N.D.C.C. Title 41, ch. 02 — UCC Sales (incl. § 41-02-104 Four-Year Limit)
• ND Secretary of State — Business/Registered Agent Search