North Dakota Small Claims Default Judgment: What Happens When the Defendant Doesn't Respond

When a defendant in a North Dakota small claims case doesn't respond within 20 calendar days of being served, the court can enter a default judgment — awarding you the full amount you claimed without a hearing. It's the simplest outcome, but it only works if you served the defendant correctly and filed proof.

The 20-Day Response Window

After the defendant receives the service packet (Form 2 plus blank Forms 1, 3, 4 and 7, with copies of any supporting exhibits), they have 20 calendar days to file Form 3 with the Clerk of District Court. The clock starts the day after service — count every calendar day including weekends and holidays. If Day 20 falls on a Saturday, Sunday or state holiday, the deadline extends to 5:00 PM the next business day.

If the defendant does nothing within those 20 days — no Form 3, no request for a hearing, no removal to district court — they are in default.

What the Court Needs from You

A default judgment isn't automatic. The court requires:

1. Filed Form 2 — your original Claim Affidavit on record with the clerk
2. Filed Form 6 — your proof of service, showing the defendant received the full packet on a specific date (the signed postal green card for certified mail, or the server's sworn affidavit for personal delivery)
3. Expiration of the 20-day window — confirmed by counting forward from the service date on Form 6

If your Form 6 is incomplete or missing — say you served by certified mail but never attached the signed green card — the court will not enter a default. Fix the proof of service issue first.

When the Defendant Shows Up Late

A defendant who misses the 20-day window can still seek to set aside a default judgment by filing a motion under N.D.R.Civ.P. Rule 60, based on excusable neglect or lack of service. The judge decides whether to reopen the case.

Accurate service and complete proof help document the record if the defendant later seeks relief under Rule 60.

What the Defendant No-Shows at the Hearing

If the defendant filed Form 3 requesting a hearing but then fails to appear, be ready to present your evidence. Do not assume a missed appearance automatically results in judgment; the judge considers the case and the proof presented.

After the Default Judgment

A default judgment has the same legal force as any other small claims judgment. If the defendant doesn't pay voluntarily, you can pursue collection through writs of execution or wage garnishment. The judgment accrues interest at 10% per year (the 2026 rate) until it's paid.

Once paid in full, you file Form 9 (Satisfaction of Judgment) with the clerk to close the case.

The North Dakota small claims filing guide includes a deadline calculator that tracks the 20-day window from your service date and flags when you're eligible to request a default judgment.

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