North Dakota Small Claims Court: Filing Rules, Fees and What to Expect

Small claims court in North Dakota handles disputes up to $15,000 without the formal procedures, discovery rules and attorney fees that make regular civil litigation expensive. If someone owes you money and won't pay, this is the fastest path to a binding judgment — but North Dakota's system has a few quirks that trip people up.

How North Dakota Small Claims Court Works

Small claims court operates as a division of the District Court under N.D.C.C. Chapter 27-08.1. Cases are filed with the Clerk of District Court in a proper venue county: for an individual defendant, where the defendant resides or the claim occurred; for a business entity, where it maintains a place of business or where the claim's subject matter occurred. A district court judge or an appointed judicial referee hears the case.

The process runs on a standardized set of ten forms (Forms 1 through 10) issued by the State Court Administrator. You file Form 2 (the Claim Affidavit), pay a $20 filing fee, and serve the defendant a complete packet — your Form 2 plus blank Forms 1, 3, 4 and 7, with copies of any supporting exhibits. The defendant then has 20 calendar days to respond.

No jury trials are allowed. No attorneys are required (though you can hire one). Hearings run about 30 minutes total. And there's one rule that surprises people: decisions in small claims court cannot be appealed by either side.

The $15,000 Limit and What Qualifies

You can bring a claim for money recovery, tenant civil damages, or cancellation of an agreement involving fraud or misrepresentation — as long the amount is $15,000 or less. Court costs awarded to the winner don't count toward the cap.

What doesn't qualify: evictions (those go through a separate summary ejectment process), injunctions, quiet title actions, or anything that isn't about money. Debt collection agencies and debt buyers are also barred from filing in small claims court.

If your claim is worth more than $15,000, you can waive the excess to stay in small claims — but that waiver is permanent. You can never recover the waived amount in any future lawsuit.

Filing Fees and Costs

The filing fee is $20 (set by Senate Bill 2057, effective July 1, 2025 — the first fee change since 1985). Other costs that come up:

• Sheriff service of process: $30 base plus mileage
• Certified mail service: roughly $10–$15 through USPS
• Subpoena issuance: $20 per subpoena
• Removal to district court (defendant only): $160

If you can't afford the filing fee, you can apply for a fee waiver by filing a Petition for Fee Waiver with a Financial Affidavit. The waiver covers court fees only — not sheriff or postal costs.

The Hearing and After

Hearings are informal but structured. You present your evidence, the defendant responds, and the judge can question either side directly. Bring three copies of every exhibit — one for the judge, one for the other party, one for yourself.

One critical rule: written statements from people who aren't in the courtroom are hearsay and won't be admitted. If you need a witness, they must show up in person or you'll need a subpoena.

After the hearing, the judge issues a written judgment. If the other side doesn't pay voluntarily, you'll need to pursue collection through writs of execution or wage garnishment — the court doesn't collect for you.

What Makes North Dakota Different

The no-appeal rule is the biggest distinguishing feature. In most states, the losing side can appeal a small claims decision to a higher court. In North Dakota, the judge's decision is final. The only exception: if the defendant removes the case to district court before the hearing (paying the $160 fee), that district court judgment can be appealed.

The removal option also comes with a built-in deterrent. If the defendant removes the case and you win, the court must award you attorney's fees. That fee-shifting rule discourages defendants from using removal purely to force you into a more expensive proceeding.

The complete North Dakota small claims filing guide walks through every form, deadline and hearing step with checklists and worksheets you can fill in as you go.

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