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Small claims court in North Dakota (2026)

In North Dakota you can sue for up to $15,000 in small claims. Court: Small Claims Court (a division of the District Court). Lawyers: allowed. Appeal: no appeal. For a broken written agreement you generally have 6 years to sue. Last checked .

North Dakota small claims at a glance

Most you can sue for
$15,000
Court
Small Claims Court (a division of the District Court)
Filing fee
$20
Lawyers
Allowed
Appeal
No appeal
Ask for payment first
Not required by law

Can you sue in North Dakota small claims?

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North Dakota small claims limit

$15,000

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The rule: Claims for money, a mobile home park tenant's damages claim, or cancelling an agreement involving fraud or misrepresentation, up to $15,000 claimed by the plaintiff or the defendant. Counterclaims are also limited to $15,000.

Deadline to sue (general rule)

6 years for this kind of claim in North Dakota. Enter the date it happened to see the last day.

Contract claims (express or implied): 6 years. Injury to goods or personal property: 6 years. Injury to the person or rights of another not arising on contract: 6 years, but assault, battery, libel, slander and malpractice are 2 years. The court's form says claims must be filed within six years of the debt or last payment.

Lawyers: Lawyers may represent either side.

Collectors: a company that bought or was assigned the debt can't use small claims court in North Dakota.

Before you file: No demand before filing is required by the Small Claims Court Act or the court's information form.

Appeal: Small claims decisions cannot be appealed. By choosing small claims the plaintiff waives the right to appeal, and the defendant waives it on receiving the order for appearance unless the defendant removes the case to district court (within 20 days of receiving the claim affidavit).

Filing fee: Statewide filing fee of $20 for a small claims action. Service costs are extra. A defendant who removes the case to district court pays the regular civil filing fees. Fee waivers are available.

The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.

All North Dakota small claims rules →Write a demand letter →

Where to file and how much

  • Court. District judges or judicial referees sitting as the small claims court hear the cases. Venue depends on the claim: generally the defendant's county of residence for an individual; any county where a business defendant has a place of business or where the claim arose; special rules for bad checks, open accounts and real property leases. A defendant may usually move the case to the small claims court of the defendant's home county.
  • Limit. Claims for money, a mobile home park tenant's damages claim, or cancelling an agreement involving fraud or misrepresentation, up to $15,000 claimed by the plaintiff or the defendant. Counterclaims are also limited to $15,000.
  • Filing fee. Statewide filing fee of $20 for a small claims action. Service costs are extra. A defendant who removes the case to district court pays the regular civil filing fees. Fee waivers are available.

Who can sue and who can speak in court

  • Parties must appear in person unless the court allows otherwise, and may be represented by a lawyer admitted in North Dakota. A legal entity (such as a corporation, partnership, LLC or political subdivision) may be represented by an authorized officer, owner, director or board member, trustee or employee. A claim may not be filed by an assignee of that claim, including owners or employees of collection agencies.
  • A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
  • Before you file. No demand before filing is required by the Small Claims Court Act or the court's information form.
  • Jury and moving the case. A jury trial is not allowed in small claims court. Within 20 days of receiving the claim affidavit, the defendant may remove the case to district court (Form 3), where a jury and appeal may be available; if the defendant removes, the district court must award attorney's fees to a winning plaintiff. The plaintiff's choice of small claims is irrevocable.

How long you have to sue in North Dakota

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Contract claims (express or implied): 6 years. Injury to goods or personal property: 6 years. Injury to the person or rights of another not arising on contract: 6 years, but assault, battery, libel, slander and malpractice are 2 years. The court's form says claims must be filed within six years of the debt or last payment.

Kind of claimTime to sue
Written contract6 years
Oral (spoken) agreement6 years
Damage to property6 years
Personal injury6 years

Law: N.D.C.C. 28-01-16(1), (4), (5); 28-01-18; ND Courts Small Claims Form 1

After the hearing: appeals and collecting

Who can appeal
Neither side can appeal a small claims judgment.
Deadline
Small claims decisions cannot be appealed. By choosing small claims the plaintiff waives the right to appeal, and the defendant waives it on receiving the order for appearance unless the defendant removes the case to district court (within 20 days of receiving the claim affidavit).
Collecting the money
The debtor has 30 days from the notice of entry of judgment to pay; after that the creditor may start collection through the sheriff (writ of execution, garnishment, judgment lien on real estate). The court may also question the debtor about assets at the hearing. Judgments entered on or after Aug. 1, 2023 can be collected for 20 years; judgments entered on or before July 31, 2021 for 10 years, renewable once for 10 more; judgments entered Aug. 1, 2021 to July 31, 2023 for 10 years (the court guide says it is unclear whether they can be renewed). A real-estate lien lasts 20 years for judgments docketed after Aug. 1, 2021 (10 years if docketed earlier).

Good to know in North Dakota

  • If the defendant does not request a hearing or remove within 20 days of service, judgment may be entered by default.
  • Hearings are held 10 to 30 days after the defendant's hearing request.
  • A counterclaim must be served at least 48 hours before the hearing.
  • The judge may dismiss without prejudice (and refund the fee) if the case is too complex for small claims.

Official help and forms

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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