How to File a Counterclaim in North Dakota Small Claims Court

When someone sues you in North Dakota small claims court, you are not limited to playing defense. If the plaintiff owes you money from the same dispute, you can file a counterclaim and let the court resolve both sides at once.

What a Counterclaim Is

A counterclaim is a claim you assert against the plaintiff in the same case. North Dakota small claims law allows a defendant to file an answer and a claim affidavit setting out new matter as a counterclaim, subject to the $15,000 cap in N.D.C.C. § 27-08.1-03. For example, if a contractor sues you for unpaid work and you believe they damaged your property during the job, your property damage claim is a counterclaim.

The Form and the Cap

Counterclaims are filed on Form 4 — Defendant's Answer/Counterclaim. The bottom section of Form 4 has space to describe your counterclaim and state the dollar amount. Small claims counterclaims cannot exceed $15,000, matching the court's jurisdictional limit under N.D.C.C. § 27-08.1-01.

If your counterclaim exceeds $15,000 or involves non-monetary relief (like an injunction), small claims court cannot handle it. You would need to remove the entire case to the regular District Court docket using Form 3 — which costs $160 and triggers mandatory attorney fee-shifting if the plaintiff wins.

Filing and Serving Your Counterclaim

Three deadlines overlap when you are filing a counterclaim, and you need to meet all of them:

First: File Form 3 within 20 days of service. This is the mandatory hearing request that prevents a default judgment. Without Form 3, the case is processed against you by default, and your counterclaim never gets heard.

Second: File Form 4 with the court clerk. There is no fee for filing a counterclaim in small claims court.

Third: Serve Form 4 on the plaintiff at least 48 hours before the hearing. This is the rule most defendants miss. North Dakota requires that the plaintiff receive a copy of your counterclaim with enough time to prepare a response. Service can be by restricted certified mail (return receipt requested) or personal delivery by a non-party adult over 18 or the county sheriff.

After serving the counterclaim, complete Form 5 — Affidavit of Mailing/Personal Service and file it with the court clerk as proof of service.

What Happens at the Hearing

The judge or judicial referee hears both the original claim and the counterclaim at the same hearing. Each side presents evidence and arguments. If the court awards money to both parties, the amounts are typically offset — if the plaintiff wins $3,000 and your counterclaim wins $1,200, you owe the net difference of $1,800.

When Not to Counterclaim

A counterclaim only makes sense when you have a genuine monetary claim against the plaintiff. Filing a meritless counterclaim to delay the case or pressure the plaintiff into settling will not work — the court can dismiss it and it may damage your credibility on the defense side.

Also consider whether the amount justifies the extra paperwork. If your counterclaim is for $200 against a $5,000 original claim, you might be better served focusing your preparation on defending the main claim.

The North Dakota small claims response guide includes a counterclaim service log and deadline tracker, plus a walkthrough for completing Form 4 and Form 5 correctly.

See more North Dakota guides →