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Answering a Motion for a Default Judgment – Debt Collections

Don’t Ignore the Motion for Default Judgment in the Debt Collections Case!

You have a 14 or 17 calendar day deadline to respond. If you don’t answer the motion in writing, the judge is allowed to grant the Plaintiff a default judgment without your input.

Overview of Answering a Motion for Default Judgment in a Debt Collections Case

If you were served a Summons and Complaint, and you’re listed as a Defendant at the top of the first page of both documents, you’re being sued. If the Complaint mainly says you owe money to the Plaintiff, you’re being sued to collect a debt.

For more information about what to do when you’re served a Summons and Complaint, go to I was served a Summons and Complaint (or Petition). What Do I Do Now?

If the Defendant doesn’t answer the Summons and Complaint in writing, and correctly serve a copy on the Plaintiff within the 21-day deadline, the Plaintiff may make a motion for a default judgment.

If the judge assigned to the debt collection case gives the Plaintiff a default judgment, the judgment operates the same as any other judgment granted by a judge.

This means the Plaintiff can collect the judgment using any judgment collection option available under North Dakota law. This includes garnishing wages and selling the Defendant’s belongings to settle the debt (special Writ of Execution). For more information about collecting a judgment, go to Judgment Collection for the Losing Party (Judgment Debtor).

To get a default judgment, the Plaintiff must prove the following, in writing, in their motion for default judgment:

  1. The Defendant was served the Summons and Complaint as required by Rule 4 of the North Dakota Rules of Civil Procedure;
  2. At least 21 days have passed since the day after the Defendant was served the Summons and Complaint, and the Defendant didn’t respond in writing;
  3. The Defendant isn’t an active military service member;
  4. The North Dakota State District Court has the authority (jurisdiction) to grant the Plaintiff a debt collection judgment; and
  5. The Plaintiff provided all other necessary information and proof to the District Court judge to prove the Defendant owes the debt to the Plaintiff.

The Defendant has a deadline of 14 or 17 calendar days to oppose the Plaintiff’s motion in writing. The way the Defendant opposes the Plaintiff’s motion is by serving and filing a written Answer to Motion for Default Judgment.

Under Federal law, there are protections for active military service members against default judgments.

Before a North Dakota state district court judge may grant a Motion for Default Judgment, the Plaintiff must prove the Defendant isn't on active duty with any branch of the United States military.

The Plaintiff must attempt to find out if the Defendant is an active duty service member and include the steps they took and the outcome in their Motion for Default Judgment documents.

If the judge can’t tell if the Defendant is in active military service from the documents the Plaintiff files, before granting a default judgment, the judge may require the Plaintiff to file a bond. The judge decides the dollar amount of the bond. If the judge finds out later the Defendant is in active military service, the bond is used to compensate the Defendant against loss or damage resulting from the default judgment. 

Forms and Guides for Answering a Motion for Default Judgment in a Debt Collections Case

ND Legal Self Help Center staff and court employees aren’t allowed to give legal advice and can’t help you create legal documents or complete any forms. If you’re unsure how to proceed, consult a lawyer.

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms are available only for common and uncomplicated circumstances. The following forms won’t work for every debt collection case. If the following forms don’t work for your situation, you need to create your own legal documents, or retain a lawyer to create the documents for you.

You may use the Center’s forms as templates to create your own legal documents. You may also find the General-Use forms in the District Court Civil Action Section of this webpage useful as a starting point for creating your own legal documents.

Required Forms to Answer a Motion for Default Judgment:

Optional Form (use if you didn’t answer the Summons and Complaint in writing):

Other Resources

Following are other resources related to answering a default judgment motion in a debt collections case that may be of interest.

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.