North Dakota Small Claims Court Filing Fee: 2026 Costs Breakdown
The filing fee for North Dakota small claims court is $20. That's the cost to file your Claim Affidavit (Form 2) with the Clerk of District Court in any county. But the filing fee is just one piece of what a case actually costs — service fees, subpoenas and certified mail add up.
The $20 Filing Fee
Senate Bill 2057 set the small claims filing fee at $20, effective July 1, 2025. This was the first fee adjustment since 1985. You'll see older sources online quoting $10 — that's outdated.
You pay the $20 when you file Form 2 at the clerk's office (cash, check or money order) or through the Odyssey File & Serve online portal (electronic payment). There is no additional fee for the defendant to file an answer or counterclaim in small claims court.
Other Costs You'll Hit
| Expense | Amount | Notes |
|---|---|---|
| Sheriff service of process | $30 base + mileage and postage | Paid in advance to the county sheriff |
| Sheriff "not found" return | $30 | You still pay if the sheriff can't locate the defendant |
| Certified mail (restricted delivery + return receipt) | $10–$15 | Paid at the post office |
| Subpoena issuance | $20 per subpoena | Plus witness fees and mileage for each witness |
| Judgment copy / certification | $20 | For post-judgment enforcement paperwork |
| Civil record search | $10 per name | If you need to check for existing judgments |
If the defendant removes the case to district court, they pay $160 for the removal filing fee — not you.
Realistic Total Cost Scenarios
Cheapest path (certified mail, no subpoenas): $20 filing fee + $12 certified mail = roughly $32.
Sheriff service path: $20 filing fee + $30 sheriff fee + mileage = roughly $55–$65.
Complex case (sheriff service, one subpoena, judgment certification): $20 + $30 + mileage + $20 + $20 = roughly $100–$110.
Court costs are recoverable. If you win, the judge can order the losing side to reimburse your filing fee and service costs under N.D.C.C. § 27-08.1-05. These costs don't count toward the $15,000 jurisdictional limit.
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Fee Waivers for Financial Hardship
If you can't afford the $20 filing fee, you can apply for a fee waiver under N.D.C.C. Ch. 27-05.2. You'll need to complete:
- A Petition for Fee Waiver — requesting the court excuse the fee
- A Financial Affidavit — detailing your household income, assets and monthly expenses
The judge reviews your submission and decides whether to grant the waiver. If approved, the waiver covers the court filing fee only. It does not cover postal charges, sheriff service fees or other third-party expenses.
Fee waiver forms are available from the North Dakota Legal Self Help Center at ndcourts.gov or from your local Clerk of District Court.
Post-Judgment Interest on What You Win
If the defendant doesn't pay after you win, interest accrues on the judgment at 10% per year (the 2026 rate set by the State Court Administrator under N.D.C.C. § 28-20-34). The rate resets each December based on the prime rate plus 3 percentage points.
The North Dakota small claims filing guide includes a pre-filing cost calculator so you can estimate total expenses before you commit to filing.
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