How to Respond to a Small Claims Case in North Dakota

Getting served with a North Dakota small claims case is stressful, especially when the papers come with a hard deadline and no instructions on what to actually do next. The good news: the process is straightforward once you understand which form matters and when it needs to reach the clerk.

What the Papers Mean

North Dakota small claims operates as a division of the District Court under N.D.C.C. Chapter 27-08.1. When someone files a claim against you, the court sends a packet with several numbered forms. The one that matters most to you as a defendant is Form 3 — Defendant's Request for Hearing/Removal to District Court.

The packet also includes Form 4 (an optional written answer and counterclaim form), Form 5 (proof of service for counterclaims), and Form 7 (the full text of the Small Claims Court Act). Form 1 explains the general rules. Read it, but don't confuse it with your actual response document.

The 20-Day Response Deadline

You have exactly 20 calendar days from the date you were served to file Form 3 with the Clerk of District Court. That clock starts the day after you received the papers or signed for the certified mail receipt.

Every day counts — Saturdays, Sundays, and holidays are all included in the count. The only exception: if day 20 falls on a weekend or state holiday, the deadline extends to the next business day.

Filing Form 3 is what prevents a default judgment. A written answer on Form 4 is optional and does not substitute for Form 3. This is the single most common mistake defendants make — they write a letter or fill out Form 4 and skip Form 3, then wonder why the court entered a judgment against them.

Your Two Options on Form 3

Form 3 gives you two checkboxes:

Option A — Request a hearing in small claims court. The court schedules a hearing within 10 to 30 days. You show up, present your side, and the judge or judicial referee decides. There is no filing fee to request a hearing. The hearing is informal — no formal rules of evidence, no discovery process — and typically lasts about 30 minutes.

Option B — Remove the case to District Court. This transfers the dispute to the regular civil docket with formal rules, discovery, and a potential jury trial. Removal costs $160 and comes with a serious risk: if the plaintiff wins after removal, the court must award them reasonable attorney fees under N.D.C.C. § 27-08.1-04. This is mandatory fee-shifting, not discretionary. Think carefully before choosing this path.

How to File Your Response

You can file Form 3 three ways:

1. In person at the Clerk of District Court in the county where the claim was filed
2. By mail — send the original signed form to the clerk (allow time for delivery before the deadline)
3. Electronically through the North Dakota Odyssey e-filing system (you will need to register first)

Self-represented defendants are not required to e-file under N.D.R. Ct. 3.5, so paper filing is perfectly fine.

Sign the form under the unsworn declaration at the bottom. Under N.D.C.C. ch. 31-15, this declaration carries the same legal weight as a notarized affidavit — you do not need a notary.

What Happens If You Also Want to File a Counterclaim

If you have your own money claim against the plaintiff arising from the same dispute, you can use Form 4 to file a counterclaim up to $15,000. The counterclaim must be served on the plaintiff at least 48 hours before the hearing, and you need to file Form 5 (proof of service) with the court.

If your counterclaim exceeds $15,000 or involves non-monetary relief, small claims court loses jurisdiction and you will need to remove the case to District Court.

After You File

Once the clerk receives your Form 3, you will get a written notice with the hearing date, time, and location. Start gathering your evidence — contracts, receipts, photos, text messages, repair estimates — and organize them with two copies of everything (one for the judge, one for the opposing party).

The complete North Dakota small claims response guide walks through every step from reading the papers through the hearing and post-judgment options, including deadline calculation worksheets and an evidence organization index.

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