North Dakota Small Claims Court for Property Damage

A neighbor's tree fell on your fence, a driver hit your parked car and their insurance lowballed you, or someone's dog tore up your yard. If the damage is $15,000 or less and the other person will not pay, North Dakota Small Claims Court is where you recover the cost.

What Property Damage Claims Qualify

Small Claims Court under N.D.C.C. § 27-08.1-01 handles civil actions for "recovery of money" up to $15,000. Property damage claims are money claims — you are asking for the cost to repair or replace what was damaged. Common scenarios:

• Car accident damage — The at-fault driver's insurance offered a lowball settlement, or they had no insurance at all. Document the damage, repair costs, and any insurance payments when calculating the amount you claim.
• Neighbor disputes — A fallen tree, flooding from improper grading, damage to a shared fence, livestock damage to crops or property.
• Vandalism or negligent destruction — Someone damaged your property through carelessness or intentional acts.

The six-year statute of limitations under N.D.C.C. § 28-01-16(4) applies to property damage claims. The clock starts on the date the damage occurred.

Calculating Your Claim Amount

You need a specific dollar figure for Form 2. Support the amount you claim with evidence such as:

• Repair cost — Get a written estimate, or better, an invoice showing what you already paid to fix the damage.
• Replacement value — If the item is totaled, evidence of its value at the time of damage.

Subtract any insurance payments you already received. You cannot recover the same money twice.

For car accident claims where insurance was involved, bring the insurer's payment or denial letter and document any repair costs or deductible you paid.

Evidence That Wins Property Damage Cases

Property damage cases are evidence-heavy. The judge needs to see what happened and what it cost. Bring three copies of:

• Photos of the damage — Take them as soon as possible after the incident, with dates visible in the metadata or written notes.
• Repair estimates or invoices — The person who prepared the estimate must attend the hearing to testify. A written estimate from an absent repair shop is hearsay and will be excluded.
• Police report — For car accidents or vandalism, get a copy of the incident report for your records. Do not assume the report itself will be admitted; be prepared to present live testimony from a person with first-hand knowledge.
• Communication records — Texts, emails, or letters between you and the defendant about the damage and payment.
• Insurance documents — The claim filing and any payment or denial letter, showing what was and was not covered.

Filing and Serving the Claim

For an individual defendant, file Form 2 in the county where the defendant lives or where the damage occurred. For a business defendant, file in a county where it has a place of business or where the subject matter of the claim occurred. The filing fee is $20. Serve the defendant a complete packet (Form 2, copies of supporting exhibits, and blank Forms 1, 3, 4, and 7) by certified mail with restricted delivery or personal service.

For neighbor disputes, you already know where the defendant lives — certified mail to their home address is usually the simplest service method. For car accident claims against someone in another county, you can file in the county where the accident happened.

The defendant has 20 calendar days after service to request a hearing or remove the case to District Court. If they do not respond, you can ask for a default judgment.

Car Accident Claims: Insurance Complications

If the at-fault driver has liability insurance, their insurer is usually the one negotiating with you. Identify the person you say caused the damage in your claim, and bring the insurer's payment or denial letter to show what was covered. The judgment is entered against the defendant named in the case.

If the driver was uninsured, the judgment is against them personally, and you collect through post-judgment tools: writs of execution, wage garnishment, or bank account garnishment.

The Full Filing Process

From the demand letter through the service packet, the 20-day response window, and hearing preparation, the North Dakota Small Claims Filing Guide provides the complete step-by-step process with deadline calculators and an evidence binder index.

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