North Dakota Small Claims Court Forms: Complete List and How to Fill Them Out
North Dakota uses a standardized set of ten forms for every small claims case. They're issued by the State Court Administrator and available as free PDFs from the North Dakota Legal Self Help Center at ndcourts.gov. Knowing which form does what — and which ones you need to serve on the defendant — is the difference between a valid filing and one that gets tossed.
The Ten Forms at a Glance
| Form | Name | Who Uses It |
|---|---|---|
| Form 1 | Small Claims Court Information | Included in the packet — an instruction sheet |
| Form 2 | Claim Affidavit | Plaintiff files this to start the case |
| Form 3 | Defendant's Request for Hearing / Removal | Defendant uses this to respond |
| Form 4 | Defendant's Answer / Counterclaim | Defendant's written defense or counter-claim |
| Form 5 | Affidavit of Service — Counterclaim | Proves the defendant served their counterclaim |
| Form 6 | Affidavit of Service — Claim Affidavit | Proves you served the defendant |
| Form 7 | North Dakota Small Claims Court Act | Statutory text, included in the packet |
| Form 8 | Affidavit of Identification of Judgment Debtor | Prevailing plaintiff files this after judgment |
| Form 9 | Satisfaction of Judgment | Filed when the debt is fully paid |
| Form 10 | Notice of Entry of Judgment | The court generates this after the decision |
Form 2: The Claim Affidavit (Your Starting Point)
Form 2 is the document that officially starts your case. You'll need:
- The full legal names and physical addresses of every plaintiff and defendant
- A concise, chronological statement of facts — what happened, when, why the defendant owes you money, and the exact dollar amount (up to $15,000)
- Your signature under penalty of perjury, either notarized or executed before a Deputy Clerk
For business defendants, use the exact legal name from the Secretary of State's FirstStop portal — not the trade name on a sign or business card. Suing "Joe's Plumbing" when the registered entity is "Joseph Smith LLC" can invalidate your claim.
The Service Packet (Form 2 + Four Blank Forms)
This is where people make mistakes. When you serve the defendant, you don't just send Form 2. You must include blank copies of Forms 1, 3, 4 and 7 alongside your completed Form 2, plus copies of supporting exhibits attached to Form 2. The defendant needs these forms to respond.
Sending only your Claim Affidavit without the other four forms can invalidate service — the court may refuse to enter a default judgment if the defendant wasn't given the proper response forms.
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Form 6: Proof of Service
After you serve the defendant, you complete Form 6 to prove it. The form has two sections:
- Certified mail section: attach the original signed postal green card showing the defendant received the packet
- Personal service section: the person who hand-delivered the packet fills in the date, time and address of delivery
Form 6 gets filed with the Clerk of District Court. Without it, the court cannot confirm the defendant was properly notified, and you won't get a default judgment if they don't respond.
Form 3: The Defendant's Response
The defendant uses Form 3 within 20 calendar days to either request a hearing in small claims court (no fee) or remove the case to district court ($160 fee). If they do nothing within 20 days, the court can enter a default judgment against them.
One Warning About the PDF Forms
The fillable PDFs on ndcourts.gov don't save your typed entries when you close the browser. If you fill them out online and close the tab before printing, everything you typed disappears. Print or save to your computer immediately after filling them in.
The North Dakota small claims filing guide includes a form-by-form walkthrough with a packet assembly checklist so you don't miss any of the required documents.
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