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Small Claims Court Actions

Small Claims Court is a division of district court.  Small Claims Court is a less formal court process than a civil case in district court.  However, there's no right to a jury trial and Small Claims Court decisions can't be appealed. The decision of the judge or judicial referee is final.

Overview of Starting a Small Claims Court Action

You may bring a claim in Small Claims Court if:

  1. You want to recover money and the amount you want to recover is $15,000.00 or less; OR
  2. You want to cancel an agreement that involved material fraud, deception, misrepresentation, or false promise, and the amount of the agreement is $15,000.00 or less."  AND
  3. No more than six years has passed since the date of the debt or date of the last payment.

To start a Small Claims Court case, the Plaintiff completes the Claim Affidavit (Form 2), the Affidavit of Identification (Form 8), gathers copies of documents (exhibits) the Plaintiff believes proves their claim, and files the completed forms and copies of documents (exhibits) with the clerk of court.

Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.  The Plaintiff files the completed Affidavit of Mailing/Personal Service (Form 6) with the clerk of court.

Overview of Answering a Small Claims Court Action

When the Defendant is served a copy of the completed Claim Affidavit, the Defendant has twenty (20) days to do one of the following:

  1. Request a hearing in Small Claims Court (Form 3);
  2. Move the entire case to District Court, where it becomes a district court civil action (Form 3).

Only the Defendant can request a hearing in Small Claims Court. The Plaintiff can’t request a hearing.

If the Defendant does nothing and twenty (20) days from service passes, no hearing is held. Tthe Small Claims Court judge or judicial referee decides if the Plaintiff wins by reviewing the forms and other documents the Plaintiff filed. After the review, if judge or judicial referee decides the Plaintiff wins, the Plaintiff is granted a default judgment. A default judgment has the same force and effect as a judgment granted with the Defendant’s involvement.

If the Defendant requests a hearing in Small Claims Court, the Defendant has the option of also filing one or both of the following before the date of the hearing:

  • File a written answer (Form 4).
  • File a counterclaim against the Plaintiff (Form 4).

The Small Claims Court hearing must be held not less than ten (10) days and not more than thirty (30) days after receipt of the Defendant’s request.

The Plaintiff and the Defendant are required to attend the Small Claims Court hearing in person, unless the judge or judicial referee allows attendance by reliable electronic means (appear remotely).

Small Claims Court hearings are short, often 30 minutes total. The Plaintiff and Defendant don’t have a lot of time to present their sides to the judge or judicial referee. Be well prepared before appearing at the hearing.

Forms and Guides for Small Claims Court

Forms aren't available for every legal issue or circumstance.  If you don't find the form on this website, the form isn't available through the North Dakota Legal Self Help Center.  You may need to create your own legal documents.

Small Claims Court Forms Packet:

Review the forms and instructions carefully! Follow the instructions for the packet and for the individual form.

You can fill in the blanks of the forms listed below by typing in the requested information on your computer. Print out each form when you complete your work. The information you typed in the form clears when you close the form.

  • Form 1 – Small Claims Court Information
  • Form 2 – Claims Affidavit
  • Form 3 – Defendant’s Request for Hearing/Removal to District Court
  • Form 4 – Defendant’s Answer/Counterclaim
  • Form 5 – Affidavit of Mailing/Personal Service – Defendant’s Counterclaim
  • Form 6  – Affidavit of Mailing/Personal Service –Plaintiff’s Claim Affidavit
  • Form 7  – North Dakota Small Claims Court Act
  • Form 8  – Affidavit of Identification of Judgment Debtor
  • Form 9  – Satisfaction of Judgment
  • Form 10 - Notice of Entry of Judgment

Small Claims Court Forms 1 through 10 and their instructions can be printed out and handwritten. Use blue or black ink and make sure your handwriting is readable.

Small Claims Court Guides:

Selected Statutes (Laws) & Rules

Other Resources

Following are other resources related to Small Claims Court proceedings 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 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 contact the clerk of court for the county.