Unpaid Invoice Small Claims North Dakota

You completed the work, sent the invoice, followed up twice, and heard nothing. Now you are staring at an unpaid balance that is not going to collect itself. North Dakota Small Claims Court handles money-recovery claims up to $15,000 — which covers most freelance, trade, and small-business invoices — without needing a lawyer.

Check Your Claim Qualifies

Small Claims Court under N.D.C.C. § 27-08.1-01 handles civil actions for the "recovery of money" up to $15,000. An unpaid invoice for completed services or delivered goods fits squarely within that. The six-year statute of limitations (N.D.C.C. § 28-01-16) starts from the date payment was due, or from the last voluntary payment the debtor made on the account.

One restriction worth knowing: if you sold or assigned the debt to a collection agency, that assignee cannot file in Small Claims Court. The statute bars debt buyers and collection agencies from using this forum.

Identify the Right Defendant

How you name the defendant on the court forms depends on their business structure:

• Individual client — Use their full legal name and residential address.
• Sole proprietor with a trade name — Name the person individually: "Jane Smith, individually and doing business as Smith Consulting."
• LLC or corporation — Search the FirstStop portal to find the exact registered entity name and the registered agent's name and address. You must sue the entity under its official registered name.

Getting this wrong means the judgment may not be enforceable against the right person or business.

Pick the Right County

Venue rules under N.D.C.C. § 27-08.1-01(2) give you options:

• For an individual defendant, the county where the defendant resides or where the underlying claim or breach occurred
• For a corporation, LLC, or partnership, the county where the entity has a place of business or where the subject matter of the claim occurred

For open accounts under $1,000, a special rule allows filing in either the county of the defendant's residence or where the account originated.

Send a Demand Letter

Mail a formal demand via USPS Certified Mail, Restricted Delivery. State the invoice number, the amount owed, and a payment deadline of 10 to 14 days. Keep the tracking number and the signed return receipt — both become hearing exhibits.

A demand letter is not legally required for general debt claims in North Dakota, but it demonstrates good faith and often prompts payment without the need to file at all.

File and Serve

Complete Form 2 (Claim Affidavit) with the facts: who hired you, what you did, the invoice amount, and when payment was due. File it with the Clerk of District Court and pay the $20 filing fee.

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 by personal service through a non-party adult or county sheriff. File Form 6 to prove service was completed.

The defendant has 20 calendar days after service to request a hearing or remove the case to District Court. No response within that window and you can request a default judgment.

What to Bring to the Hearing

Small claims hearings run about 30 minutes total. Bring three copies of each exhibit:

• The contract, agreement, or email chain confirming the scope of work and the price
• The invoice itself showing the amount due and the due date
• Records of your follow-up attempts — emails, texts, call logs
• Proof you completed the work — photos, delivery receipts, sign-off documentation, time logs
• The demand letter and the postal return receipt

Written statements from people who are not present will not be admitted — every witness must testify in person.

After the Judgment

Winning the hearing gives you a judgment, not the money. If the debtor does not pay voluntarily, you move into post-judgment collection: writs of execution, bank account garnishment, or wage garnishment under N.D.C.C. Title 28. Post-judgment interest accrues at 10% per annum (the 2026 rate).

For a complete walkthrough of the filing process — from the demand letter through every form, the service rules, and hearing preparation — the North Dakota Small Claims Filing Guide lays out each step with deadline calculators and a service tracker.

See more North Dakota guides →