North Dakota Affidavit of Identification for Judgment Collection

What the Affidavit of Identification Actually Does

You won your small claims case in North Dakota. Before a money judgment is docketed, state law requires an affidavit identifying the judgment debtor. The Affidavit of Identification supports that identification and also appears in renewal paperwork for some older judgments.

The Affidavit of Identification (Small Claims Form 8) identifies the debtor by name, address, and occupation, and asks about military status. Under N.D.C.C. § 28-20-15, an affidavit identifying an individual debtor must be filed before a money judgment is docketed. It is not a separate required document for each Writ of Execution or Garnishee Summons.

If the affidavit is missing, the individual money judgment should not be docketed; an older judgment also needs it as part of the renewal filing.

When You Need to File It

The affidavit is used at specific points in the case and judgment-renewal process:

Before docketing the judgment. For an individual debtor, N.D.C.C. § 28-20-15 requires an affidavit identifying the debtor before a money judgment is docketed. Small Claims Form 8 is used in the small claims case filing process.

When renewing an older judgment. For judgments first docketed before August 1, 2021, renewal under N.D.C.C. §§ 28-20-21 and 28-20-22 requires an Affidavit for Renewal of Judgment and an Affidavit of Identification. File them with the clerk in the county where the judgment was first docketed within the 90 days before its 10-year expiration.

How to Fill It Out

The form itself is straightforward, but errors here can delay your entire enforcement effort. Here is what you need to include:

• Full legal name, occupation, and address — provide the debtor's name, occupation, place of residence, and post-office address; include a known street address or residence number.
• Military status — complete the Form 8 section about whether the defendant is in active military service, using the instructions on the form.
• Your signature — Form 8 uses a declaration under penalty of perjury and does not call for notarization.

The form is available for free from the North Dakota Legal Self Help Center at ndcourts.gov. Look for the judgment collection forms packet under the small claims section.

Common Mistakes That Cause Rejection

The most frequent problem is a name mismatch. If the judgment reads "John A. Smith" but your affidavit says "John Smith," the clerk may flag it. Copy the name character for character from the judgment.

For a pre-August 2021 judgment renewal, file the renewal affidavit and Affidavit of Identification in the county where the judgment was first docketed. If the judgment was transcripted elsewhere, the clerk files copies of the renewal affidavit in those counties.

Complete and sign the affidavit as its instructions require. Form 8 calls for a declaration under penalty of perjury, not notarization.

What Comes After the Affidavit

Once the judgment is docketed and the enforcement stay has ended, you can move forward with the tool that fits your situation — a Writ of Execution for the sheriff to seize personal property, a Garnishee Summons to reach wages or a bank account, or a Transcript of Judgment to extend your lien to another county.

If you are not sure which enforcement tool to use first, or you need the full step-by-step sequence from the 30-day waiting period through closing the case, our North Dakota judgment collection guide walks through every stage with the forms, fees, and deadlines mapped out.

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