Overview

Small claims in North Dakota are designed for fast, low-cost money disputes up to $15,000. You start by filing a sworn Claim Affidavit in district court and paying the small claims filing fee (see Step 2). North Dakota updated court fees effective July 1, 2025; the small-claims filing fee is now $20 (previously $10). Your defendant then receives a standardized packet with instructions and an answer form; if they dispute the claim, the court schedules an informal hearing where the judge focuses on clear documents and short testimony rather than technical pleadings. Because hearings are informal and paper-driven, meticulous preparation (a dated timeline, a damages ledger, labeled exhibits) has outsized impact on outcomes. If the other side pays or you settle before the hearing, you can close the matter with minimal court time. If you win and the debtor does not pay voluntarily, you can use post-judgment tools—writs, levies, liens, and debtor exams—to collect. Keep receipts: filing and service costs are typically addable to your judgment. Limits, fees, and forms are governed by ND Century Code and the North Dakota Courts’ small-claims packet; always follow the current packet and fee schedule.

Who Benefits and Who Can Apply

Individuals, sole proprietors, tenants/landlords, and small businesses with straightforward money claims are best served by small claims. You can bring claims to recover money (or cancel certain agreements involving fraud/deception) when the amount at issue is $15,000 or less. If your losses exceed that, consider waiving the excess to stay in small claims, or file as a regular civil case in district court (with higher filing/answer fees and formal procedures). North Dakota’s “informal hearing” model deemphasizes legal jargon; what matters is whether your documents credibly show a promise, a breach, and the math that ties proof to dollars. If you anticipate complex expert issues or equitable relief, a regular civil filing may be better. The small claims election by the plaintiff is generally irrevocable, but a defendant can choose to move the dispute to regular district court (with higher fees and formal rules). Before you file, verify you’re within the statute of limitations and confirm the correct venue (generally where the defendant resides or where the transaction occurred). The official small-claims page and packet summarize eligibility and provide the exact forms you’ll serve, including the defendant’s answer form.

Benefits of Understanding the Timeline

• Lets you budget realistically: filing, service, and (if needed) post-judgment costs can be forecast and recovered.
• Improves settlement leverage: a crisp timeline + ledger often prompts early payment once served.
• Reduces adjournments: serving early and organizing exhibits avoids avoidable continuances.
• Shortens collection: knowing when judgment becomes enforceable helps you act quickly and lawfully.

Step-by-Step Process and Timeline (North Dakota)

Step 1: Prepare Your Claim (Story, Proof, Math)

Start with a three-sentence “spine”: (1) who the defendant is (exact legal name and a serviceable address), (2) what was promised or required, and (3) how the breach caused a specific, provable dollar loss. Everything you file and say should reinforce those three sentences. Then build two artifacts you’ll reuse throughout the case:

• A one-page timeline with columns for date → event → exhibit label (e.g., “2025-03-12 — Deposit paid — Ex. B”; “2025-04-01 — Work not delivered — Ex. D email”).
• A one-page damages ledger that itemizes each dollar and points to proof (“Repair invoice — $628.45 — Ex. F”; “Refund credit — −$150.00 — Ex. G”).

For contracts, collect the agreement (or clear acceptance by email/text), proof of payment, your notices to cure, and the final invoice or estimates to remedy. For property damage, assemble dated photos/video, two written estimates from licensed providers, and receipts for related out-of-pocket costs (towing, rental, materials). For consumer/merchant disputes, add receipts, warranties, return policies, and correspondence. Prefer clear, printed estimates identifying parts, labor, and rates; vague or handwritten totals are easy targets for judicial reductions.

Validate the defendant’s identity. For individuals, use the full legal name from a lease, contract, or government-issued document you legitimately possess. For businesses, look up the exact entity (LLC/Inc.) and registered agent with the North Dakota Secretary of State; storefront names (DBAs) are often not suable entities. Correct naming prevents weeks of delay from amendments and re-service. Confirm you’re within the small-claims cap of $15,000 and that your claim type is eligible (money recovery or certain fraud-related rescission claims). If your facts push beyond small-claims complexity (e.g., expert causation, injunction), consider whether regular civil court is the better forum, understanding fees and formalities are higher there.

Finally, run an “evidence audit”: every assertion in your story should map to a labeled exhibit; every dollar should be accounted for in the ledger; your packet should “tell itself” even if you say little at hearing. Print or export three complete sets—court, defendant, you—and keep a digital master PDF. This upfront discipline turns North Dakota’s intentionally informal hearing into your advantage: you’ll present a clean, document-led case that respects the court’s time.

Step 2: File in District Court and Pay the Small-Claims Filing Fee

Complete and file the official North Dakota Claim Affidavit (use the statewide forms packet) with the Clerk of District Court. Pay the small-claims filing fee. Effective July 1, 2025, the small-claims filing fee is $20 (it was $10 previously). The fee update is published by the North Dakota Court System and reflected on the current fee-waiver page. If you cannot afford fees, review the court’s fee-waiver materials and attach the required financial documentation. Filing is what opens the case—do not serve the defendant until after your claim is filed and you have your packet organized as the forms instruct.

Practical filing tips: (1) Use the most recent forms from the North Dakota Courts website to avoid rejections. (2) Confirm the correct county (typically where the defendant resides or where the transaction occurred). (3) Keep your narrative concise and factual; small claims is meant to be accessible and quick. (4) As soon as you receive your conformed copies, build two identical serve-ready packets: one for personal service on the defendant, one as your clean reference set.

North Dakota’s small-claims statute ties the claim filing fee to the court’s general fee statute; other civil fees (e.g., full district-court filings) are higher. Do not confuse the small-claims filing fee with the separate, much higher district-court civil fees that apply if a defendant elects to move the case out of small claims into the regular civil track. The official fee increase notice and the 2025 fee schedule spell out these numbers and cross-references in the Century Code.

Step 3: Serve the Defendant with the Official Packet

After filing, you must serve the defendant with the small-claims packet exactly as the ND Courts instructions specify. Typically, you (the plaintiff) cannot serve personally; use an adult non-party or a professional process server. Your packet will include the court’s small-claims information sheet, your filed claim affidavit, and the defendant’s answer/request for hearing form. Service quality is jurisdictional—if you serve incorrectly, your case can be delayed or dismissed. Use a real, current address. If the defendant is a business, serve the registered agent or another statutorily authorized recipient; do not rely on a storefront trade name alone. Keep a meticulous serve log (dates, times, addresses, who was contacted) and file a proper proof of service. The statewide packet lays out step-by-step instructions for service and the proof you must file.

If mailing is authorized in your scenario, follow the packet’s method (e.g., restricted delivery, certified mail) to the letter and track delivery. Where personal service is required or preferred, vary attempt times (morning/evening/weekend) and consider workplace service where allowed. If an address fails, search for alternatives (recent emails, invoices, banked checks, Secretary of State records). Your goal is early, clean service so the court can set (or keep) a hearing without continuances. When you file the proof of service, keep stamped copies with your hearing set.

Step 4: Serve the Defendant Correctly (Methods, Deadlines, Proof, and Fallbacks)

Service is jurisdictional: until the defendant is properly served with the small-claims packet, the court cannot move your case along. Treat this step as a miniature project with a start date, checkpoints, and contingency routes. In North Dakota small claims, you generally may not serve the papers yourself. Instead, use an adult who is not a party, a professional process server, or a sheriff/levying officer if available in your county. The packet you filed should now be conformed (stamped) and assembled exactly as the statewide instructions require—typically your sworn claim affidavit and the court’s small-claims information and response forms. Make two identical service-ready sets and keep one pristine copy for your own records.

Begin with the address. For individuals, prefer a physical residence or workplace where the person can be reached. For businesses, confirm the exact legal entity (LLC or Inc.) and its registered agent through the Secretary of State, rather than relying on a storefront trade name. Many “doing business as” names are not suable entities, and serving the wrong name can force you to amend and re-serve, costing weeks. If your documents show a different mailing address than the physical location, include both in your notes; you may need them if the first attempts fail or if mail service is authorized under the packet’s rules.

Time is your friend only if you start early. As soon as you have conformed copies, schedule service attempts within 48 hours. Vary attempt times (early morning, evening, and a weekend) and keep a log with date, time, address, and observations (“lights on, no answer,” “security door, male adult refused name,” etc.). This log supports the diligence you may need to show for substituted service or to justify a short continuance if the defendant is evasive. For workplace service, ask your server to approach HR or a manager and to note any company policies on accepting service. When serving an entity, give the server the exact registered agent name and street address as listed with the state; don’t assume a branch office can accept service for the corporation.

Prefer personal service where possible, because it is clean and the least likely to be challenged. If personal service proves difficult, check the packet’s guidance on substituted service (leaving the documents with a competent adult at the defendant’s usual abode or business and mailing another copy). Substituted service requires diligence: multiple attempts at different times and a detailed declaration from the server describing who accepted the papers, their relationship to the defendant, and why the address qualifies as a usual residence or place of business. If certified or restricted delivery mail is authorized for your situation, follow every instruction precisely—addressing, return-receipt handling, and documentation of delivery or refusal. Track all mailings and keep the green card or USPS tracking printout with your file.

File the proof of service promptly after successful service. Use the exact proof form referenced in the statewide packet and attach any necessary exhibits (e.g., USPS tracking, signed receipt, server’s declaration). Keep at least two stamped copies. Many small-claims delays come from missing or defective proofs: illegible addresses, wrong dates, or vague statements like “left with roommate” without a name or description. Insist that your server types or neatly prints names, dates, and locations; the judge must be able to tell at a glance who was served, where, when, and how.

Plan for edge cases. If the defendant is in the military, be mindful of Servicemembers Civil Relief Act (SCRA) implications and consult the clerk on required declarations before seeking a default. If you suspect the defendant moved, pursue alternate leads (recent emails referencing an address, checks showing a bank branch, utilities or delivery records you legitimately have). For multiple defendants, serve each one correctly—missing a key party can limit your recovery or complicate enforcement. If you discover you named the wrong entity after filing (for example, you sued “Great North Plumbing” but the actual contract and banked check show “Great North Plumbing LLC”), amend quickly and re-serve to avoid dismissal or a judgment against a non-entity.

Remember, the point of service is not to play hide-and-seek; it is to give formal notice and move the matter to a hearing. Early, correct service keeps your case on the fastest possible track. The moment your proof is filed, create a short internal memo: who was served, method used, dates, and the next anticipated milestone (answer window or hearing scheduling). Precision here protects everything that follows—especially your ability to proceed to an informal but decisive hearing without avoidable continuances.

Step 5: Track the Defendant’s Response and Set Up the Hearing (Answer, Settlement, Transfer, or Default)

Once service is complete and your proof is filed, the ball moves to the defendant. In North Dakota small claims, the next development typically falls into one of four buckets: (1) the defendant files an Answer and the case is set for an informal hearing; (2) the defendant contacts you to negotiate payment or a settlement; (3) the defendant elects to transfer the case to the regular district-court civil track (bringing higher fees and formal procedures); or (4) the defendant does nothing, in which case you ask the clerk how the court handles nonappearance or default on the small-claims calendar. Your job is to be ready for all four outcomes—without losing time.

If the defendant files an Answer, note the filing date and promptly calendar expected hearing timing according to your local court’s cadence. Use the time to tighten your presentation around three pillars: promise, breach, and math. Put your one-page timeline and damages ledger on top of your packet, followed by the exhibits in logical order: Ex. A (contract/obligation), Ex. B (photos/emails/texts establishing breach or deficiency), Ex. C (estimates/invoices/receipts), Ex. D (payments and credits), Ex. E (formal demand and any reply). Draft 20-second responses to predictable defenses: “amount inflated” (show two itemized estimates and the credit you already applied), “work acceptable” (pair dated photos with an independent professional’s written estimate to cure), “wrong person/entity” (highlight the signature block, letterhead, or registered agent information), and “too late” (show a concise limitation timeline with accrual and filing dates).

If the defendant reaches out to settle, stay professional and concrete. Share your damages ledger and two or three key exhibits. Offer a specific payoff that closes the matter now (principal plus filing/service costs) or a short, realistic payment plan. To avoid payment drift, document the deal in writing. If payments will be spread over time, consider a stipulated judgment that you hold and file only if the plan fails; this reduces future friction and preserves court time. If full payment is made before hearing, ask the clerk about the simplest way to dismiss and close the file properly; keep receipts and proof of payment with your archive set.

Transfer to district court (sometimes called “removal”) changes the rules of engagement. The defendant can elect to move the dispute into the regular civil system, which carries higher filing and answer fees and more formal procedures (pleadings, discovery, evidence rules). If a transfer notice arrives, first confirm it’s complete and timely. Then decide strategy: proceed in district court (possibly consulting counsel for discrete issues), re-negotiate leveraging the increased cost and delay for both sides, or, if appropriate, dismiss without prejudice to regroup and refile with a stronger record. Update your budget: district-court timelines and costs are meaningfully different from small claims. The choice should reflect claim size, proof strength, and your appetite for a longer process.

If the defendant does nothing, do not assume an automatic windfall. Ask the clerk exactly how your county handles nonappearance and defaults on small-claims calendars. Some courts will set a brief prove-up hearing; others will require declarations and a proposed judgment. In either case, keep your packet tight and your numbers verifiable. Bring or file the proof of service, ledger, key exhibits, and a short statement that connects the dots. Even in default settings, judges typically require a clear basis for the amount you seek and will cut unsupported items.

Across all paths, logistics matter. Confirm whether the court expects early exchange of exhibits by email, whether an interpreter is needed, and whether remote appearance is permitted. Keep your phone silenced and your paper organized so you can hand up a document within seconds. Create a mini-briefing page for yourself: three-sentence opening, list of anticipated defenses with a one-line exhibit cite for each, and your closing number including allowed costs. When you make it easy for the judge to see the promise, the breach, and the math, small-claims hearings become efficient and decisive.

Finally, preserve leverage. Send a respectful, time-bound settlement letter after service if you haven’t already; many disputes resolve once the defendant sees the realism of your number and the clarity of your documentation. If talks stall, proceed confidently toward hearing. If talks succeed, paper the agreement precisely and ask the clerk about the correct form of dismissal or stipulated judgment so there’s no ambiguity later. Your steadiness here—tracking responses, preparing for each fork, and documenting every step—keeps the case on rails and positions you for a clean win or a clean settlement, whichever arrives first.

Step 6: Hearing — Present the Promise, the Breach, and the Math

Arrive early and check in with the clerk. Bring three tidy sets of materials: (1) for the judge, (2) for the other side, and (3) for yourself. Put a one-page timeline and a one-page damages ledger on top, followed by clearly tabbed exhibits: Ex. A (agreement or basis of obligation), Ex. B (photos/emails/texts), Ex. C (invoices/estimates), Ex. D (payments/credits), Ex. E (notices/demand). When called, open with a 45–60 second structure: promise → breach → math. Hand the judge your packet and anchor every point to paper: “The estimate is Ex. C; the missed deadline email is Ex. B; the ledger totaling $1,248.17 is Ex. D.” Keep answers short and point to a page number or exhibit label rather than narrating at length.

Because North Dakota small claims uses an informal, streamlined process, judges focus on clarity and credibility rather than technicalities. Be ready for common questions: how you calculated the total; whether you gave a chance to cure; why the named defendant is responsible (for businesses, that often means showing the registered entity/agent you served). If the other side raises typical defenses—“amount inflated,” “work acceptable,” “wrong person/entity,” “too late”—respond in 1–2 sentences and a document cite. If settlement discussions are encouraged in the hallway, use your ledger to propose a realistic figure or a short payment plan paired with a stipulated judgment so enforcement is straightforward if payments stop.

Mind logistics: confirm any interpreter or ADA accommodation in advance; silenced phone; originals or good copies for key exhibits. If a necessary witness cannot attend, ask the clerk before the hearing whether a brief sworn statement will be considered; live testimony is best, but a clear written statement tied to exhibits can help on discrete points. When the judge signals they’ve heard enough, stop—your goal is a crisp, document-led presentation that makes the “right number” obvious.

Step 7: Judgment Issued

Some judges announce a decision immediately; others mail a Notice of Entry of Judgment. Read the notice closely. If you prevailed, confirm the principal amount and that allowable costs (your small-claims filing fee and reasonable process-service fee) are included. If any permitted costs are missing, ask the clerk how to submit a short memorandum or updated total with receipts so they become part of the enforceable sum. Send a professional demand letter the day you receive the notice, attaching the judgment and giving a firm deadline and simple payment options (cashier’s check, money order, approved online portal). Many debtors pay voluntarily once a signed judgment arrives.

If you did not prevail, study the reason—proof gap (e.g., wrong defendant or inadequate documentation), timeliness issue, or legal bar. If the problem is curable and time remains, consider whether to refile better organized or pursue a regular civil action if the claim no longer fits the small-claims track. Calendar any deadlines for post-judgment motions or appeal so you can act deliberately rather than reactively.

Finally, prepare your “enforcement kit” now: a certified judgment copy, receipts for costs, blank writ of execution, sheriff/levying officer instructions, and (if real property might be involved) an abstract of judgment. Having these ready lets you move promptly once any stay or appeal window ends.

Step 8: Post-Judgment Collection

Court staff do not collect for you; you must use lawful tools in the right sequence. Start with a short, respectful demand letter that states the exact amount due (principal + allowed costs + any post-judgment interest per North Dakota law) and a clear payment deadline. If there’s no response, proceed to information gathering and pressure tools.

Information: Consider a judgment debtor examination to require the debtor to appear and answer, under oath, about income, bank accounts, vehicles, and other assets. Serve the order personally and bring targeted questions. Subpoena limited records (bank/employer) so you’re not guessing at institutions or account locations.

Execution: Apply for a writ of execution. With a valid writ, a sheriff/levying officer can perform a bank levy (freezing non-exempt funds on the day of service) or serve an earnings withholding order (garnishment) on an employer. Accuracy matters: name the right bank branch or correct employer/payroll address to avoid wasted cycles. Expect occasional exemption claims; review them against statutory exemptions and oppose only when appropriate.

Security: If the debtor owns real property, record an abstract of judgment with the county recorder; this creates a lien that typically must be satisfied on sale or refinance. Keep a clean ledger of all enforcement activity—dates, writ numbers, payments applied, interest accrual, and sheriff receipts. Calendar the judgment’s lifespan and renewal deadline well in advance so your rights don’t lapse.

Maintain professionalism throughout. Do not contact an employer or bank outside lawful levy/garnishment channels, and never threaten remedies you cannot use. Consistent, well-documented pressure—paired with lawful process—resolves most collections over time.

Step 9: Appeal or Transfer Considerations

Small-claims procedures provide limited paths after judgment. If you lost and believe the result stemmed from a fixable proof gap (unclear photos, missing invoice, wrong defendant), weigh whether refiling (if allowed) or proceeding in regular district court makes more sense than an appeal. If you won and the other side seeks further review or removal, treat it as a second chance to present an even tighter, exhibit-led case. In any scenario, mind the specific timelines on your Notice of Entry of Judgment—deadlines govern everything from appeals to motions to vacate. Ask the clerk which form controls in your county and whether any bond or fee applies for further proceedings.

Strategically, transfer/appeal adds delay and cost for both sides. Use that reality to explore settlement: structured payments secured by a stipulated judgment, or a modest discount for immediate, certified-funds payment. If you proceed, maintain your packet discipline—timeline and ledger on top, followed by clearly labeled exhibits—and assume the next judge will decide based on clarity, not volume.

Step 10: Closure and Administrative Clean-Up

When paid in full—whether lump sum, installments, or levy proceeds—file an Acknowledgment of Satisfaction of Judgment promptly so the court record is accurate. If you recorded an abstract of judgment, also record a Release (or acknowledged satisfaction) with the county recorder to clear title; failing to release a lien after payment can create legal exposure and needless friction. Send the debtor a short “paid in full” confirmation for their records and keep proof of delivery.

Archive everything methodically: stamped claim affidavit, service proofs, exhibit set, hearing notes, Notice of Entry of Judgment, enforcement paperwork (writs, levies, garnishments), payment ledger, sheriff receipts, and final satisfaction/release. Use consistent filenames and a one-page index so you can retrieve any item quickly. If you’re a business, roll lessons learned into SOPs: a template demand letter, standardized damages ledger, preferred process-server list, and a calendar checklist that back-plans from hearing dates. Debrief each matter: what evidence was hard to obtain, which exhibit persuaded the judge, and where timeline bottlenecks appeared. These small improvements compound—future cases file faster, hearings run smoother, and collections finish sooner.

Not every case yields full recovery. If assets aren’t reachable now, consider periodic, lawful re-checks (public records, property, employment) rather than constant contact. Calendar judgment renewal well before expiry if there’s still a realistic path to payment. Closure is both a legal step (satisfaction and lien releases) and an operational habit: clean files, measured follow-up, and a repeatable playbook for the next claim.

Costs, Time, Limitations, and Risks (Quick Recap)

• Core costs: small-claims filing fee, service of process, and later enforcement costs (e.g., writ fees, sheriff fees). Fee waivers may be available based on financial status.
• Time: Scheduling varies by county workload and service success. Early, correct service and organized exhibits are the biggest accelerators.
• Limitations: Monetary cap applies; complex injunctive/expert-heavy disputes may belong in regular civil court. Service defects and wrong-party issues commonly cause delays.
• Risks: Defendant evasion, busy court calendars, and post-judgment collection hurdles. Plan for these in your timeline and communications.

Authoritative Resources

• North Dakota Courts — Small Claims Self-Help
• North Dakota Small Claims Forms (packet)
• ND Court Fees & Fee Waiver Information
• ND Secretary of State — Business Search (for correct entity/agent)