North Dakota Small Claims Court: $15,000 Limit, Fees, How to File

North Dakota's small claims limit is $15,000. Under North Dakota Century Code (NDCC) § 27-08.1-01(1), the small claims court can hear a case when "the value of the agreement or the amount claimed by the plaintiff or the defendant does not exceed fifteen thousand dollars," and the same cap applies to a defendant's counterclaim.

Small claims court is a division of the district court: district judges, or judicial referees they appoint, sit as the "small claims court." North Dakota's version has two features that surprise people. A case gets a hearing only if the defendant asks for one, and there is no appeal from the decision. This guide walks through a North Dakota small claims case in the order you will live it. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims in North Dakota under NDCC chapter 27-08.1, the filing fees in NDCC § 27-05.2-03, and Rule 10.2 of the North Dakota Rules of Court. It does not cover evictions, regular civil cases in district court, or small claims in other states.

North Dakota small claims limit: $15,000

NDCC § 27-08.1-01(1) confines small claims court to three kinds of cases, each capped at $15,000:

• A claim for money.
• A tenant's civil damages claim under NDCC § 47-10-28(9).
• Cancellation of an agreement that involved material fraud, deception, misrepresentation or a false promise, where the value of the agreement is $15,000 or less.

The statute does not say whether interest or court costs count toward the $15,000, and we could not find the date the $15,000 figure took effect. The statute as printed on October 7, 2026 reads $15,000, and the court's forms say the same. We did not run the Legislature's bill search for 2025-2026 changes. Older sources sometimes show a lower limit; the current statute controls.

A judge can dismiss a case without prejudice if it is too complex for small claims or needs relief other than money damages or cancellation of an agreement (NDCC § 27-08.1-04.1). In that situation, the filing fee is refunded.

Claims over $15,000

The court's self-help page says your claim must be $15,000 or less. Chapter 27-08.1 does not say whether you can waive the amount over $15,000 to fit, or whether you can split a claim into smaller cases, and we found no other source on it. Talk to the clerk or a lawyer before you give up part of a larger claim.

Choosing small claims is a serious step. Under NDCC § 27-08.1-04, "Election by the plaintiff to use the procedures provided for in this chapter is irrevocable," and if you, the plaintiff, drop the case, the dismissal is with prejudice (you cannot refile) unless the order says otherwise. Because you also give up any appeal (see below), a claim near or above $15,000 may belong in regular district court.

We found no limit on how many small claims cases a person or business can file in a year.

How old can the debt be?

The court's self-help page and Form 1 say: "No more than six years has passed since the date of the debt or date of the last payment," and add that the time period may vary under certain circumstances. Our North Dakota statute of limitations guide explains the deadlines for different kinds of claims.

Who can file

Individuals and businesses can file. Typical cases include an unpaid loan or invoice, property damage, work that was paid for and not done, or a tenant's claim against a landlord. For the landlord-tenant rules, see our North Dakota landlord-tenant laws guide.

Collection agencies cannot use small claims on bought or assigned debts. NDCC § 27-08.1-01(3) says: "A claim may not be filed by an assignee of that claim." The explanatory note to Rule 10.2 says this includes owners or employees of collection agencies.

Filing fee

NDCC § 27-05.2-03(1)(e) reads: "For filing a small claims action in district court, twenty dollars." The court's forms, revised July 2025, say you pay the fee before you serve the defendant. Some older forms show lower figures from before July 1, 2025.

The cost of service by the sheriff varies by county, and we did not find a statewide figure; ask the sheriff's office. The winning party may recover costs (NDCC § 27-08.1-05).

Fee waiver. The court may waive filing fees. The self-help page links a Filing Fee Waiver Request.

Lawyers and business representation

Lawyers are allowed. Rule 10.2 of the North Dakota Rules of Court (amended effective March 1, 2025) says a party "may be represented by a lawyer admitted to practice law before the courts of this state." The statute also says parties may appear without counsel, and the court's Form 1 describes small claims as set up so people can present their own cases.

• Businesses. A legal entity may be represented by an authorized officer, owner, director or board member, trustee or employee (Rule 10.2).
• Appearing in person. When a hearing has been requested, parties must appear in person unless the court authorizes a remote appearance by reliable electronic means.

Where to file

NDCC § 27-08.1-01 sets venue by the type of claim:

Except for the open-account, lease or earnest-money, utility and mobile-home park categories, the defendant may elect to move the case to small claims court in the county where the defendant lives.

Serving the defendant

After filing the claim affidavit and paying the fee, you have it served with the defendant's response form (Form 3). Under NDCC § 27-08.1-02, you can either:

• Have it served by a person of legal age who is not a party and has no interest in the case, or
• Mail it by certified mail with restricted delivery.

Service may be made anywhere in North Dakota, except in real property lease and earnest-money cases. The court's instructions list the forms to serve (Forms 1, 2, 3, 4, 5 and 7). You then file an affidavit of mailing or service (Form 6) with the green card, or the sheriff's certificate.

The sources we reviewed do not say what to do if service fails. Ask the clerk of district court.

We found no requirement to send a demand letter or try mediation before you file. The self-help page links a roster of alternative dispute resolution providers if both sides want to try it.

If you are the defendant: you have 20 days to choose

The claim affidavit gives the defendant three choices, and the deadline is short. Within 20 days of service, return Form 3 to:

1. Request a hearing in small claims court,
2. Remove the case to district court, or
3. Do nothing or say no hearing is requested, in which case you can lose by default.

NDCC § 27-08.1-02: "If, within twenty days of service of the affidavit and form, the court has not received a request for a hearing or an election to remove to district court, or if the defendant indicates that a hearing is not requested, a hearing will not be scheduled and judgment may be entered against the defendant by default."

The court's forms explain the count: the 20 days run from when you received the papers or signed the green card, weekends and holidays count, and if the last day falls on a weekend or a North Dakota state holiday, it moves to the next business day. Only the defendant can request a hearing.

Removal to district court. Removal turns the case into an ordinary civil action with a jury and an appeal, which small claims does not offer. To remove, file Form 3, a copy of the claim affidavit and your answer (Form 4) with the clerk of district court within 20 days of receiving the claim affidavit, pay the $160 district court filing fee unless it is waived, and serve the plaintiff with a copy of Form 3 as notice of the removal (NDCC § 27-08.1-04; Form 3). The plaintiff cannot remove. A defendant who removes takes on real risk: if the plaintiff wins in district court, the court must award the plaintiff attorney's fees, and if the defendant appeals the district court judgment to the Supreme Court and loses, the Supreme Court must award the other side reasonable attorney's fees (NDCC § 27-08.1-04).

Answer and counterclaim. A written answer or counterclaim (Form 4) is optional. If you file one, it must be filed and served at least 48 hours before the hearing. A counterclaim in small claims may not exceed $15,000, and "The compulsory counterclaim rule does not apply to counterclaims in excess of fifteen thousand dollars," so a larger counterclaim can be brought in district court instead (NDCC § 27-08.1-03).

If a party misses the hearing. Once a hearing has been requested, a judgment is still entered if a party fails to appear.

Military defendants. Under the federal Servicemembers Civil Relief Act, when a defendant does not appear, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service before entering judgment (50 U.S.C. § 3931(b)(1)).

Setting aside a default. The court's self-help page says: "A default judgment has the same force and effect as a judgment granted with the Defendant's involvement." Chapter 27-08.1 does not address undoing a default, so the general rule, North Dakota Rule of Civil Procedure 60(b), is the usual route: the motion must be made within a reasonable time, and if it is based on mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud, no more than one year after the default judgment was entered (Rule 60(c)(1)). Act right away and ask the clerk or a lawyer.

The hearing

If the defendant requests a hearing, "the hearing must be not less than ten days and not more than thirty days after receipt of the request" (NDCC § 27-08.1-02). A district judge or judicial referee hears the case. The court's self-help page says hearings often take about 30 minutes in total, and parties attend in person unless allowed to appear remotely.

The hearing is informal. Under NDCC § 27-08.1-03, the only required pleadings are the claim affidavit and the order for appearance, and the court may make its own inquiry before, during or after the hearing. There is no jury. A court reporter is present only if a party arranges and pays for one. If the court finds money is owed, it can question the debtor at the hearing about payment plans and assets.

Bring your contract, receipts, photos, messages, estimates and any witnesses.

No appeal from small claims

There is no appeal from a North Dakota small claims decision. NDCC § 27-08.1-04: "By election to proceed in small claims court, the plaintiff waives the right to appeal to any other court from the decision of the small claims court." The defendant waives appeal too, unless the defendant removes the case to district court within the 20 days. The court's Form 1 puts it plainly: parties "Don't have the right to appeal the decision of the judge or judicial referee."

That is why the 20-day decision matters so much for a defendant: removal before the hearing is the only route to a jury and an appeal.

Collecting a North Dakota small claims judgment

Winning a judgment does not guarantee payment, and the court does not collect the money for you. A small claims judgment has the same force as a district court judgment for enforcement (NDCC § 27-08.1-05).

Timing. The debtor has 30 days from the Notice of Entry of Judgment to pay. According to the court's guide for judgment creditors (revised November 2025), generally 30 days must pass after the Notice of Entry of Judgment, or entry of a default judgment, before the creditor uses collection options. No garnishment or attachment may issue before judgment.

Collection tools described in the court's guide include:

• Post-judgment discovery (N.D.R.Civ.P. 69(b)) and a debtor examination, which can begin at the small claims hearing itself.
• Writ of execution and proceedings supplementary to execution.
• Judgment lien by docketing the judgment (NDCC §§ 28-20-13 and 28-20-16).
• Garnishment, using the statutory forms in the garnishment chapter.

Interest. The State Court Administrator sets the judgment interest rate each year under NDCC § 28-20-34: the Wall Street Journal prime rate on the first Monday in December plus 3 points, rounded up to the next half point, and that interest may not be compounded. For judgments entered in 2026, the rate is 10.00%. If the judgment is based on a written instrument that sets an interest rate, the judgment bears that rate instead, up to the maximum allowed by NDCC § 47-14-09.

How long a judgment lasts. The court's guide: "Judgments entered on or after August 1, 2023, may be collected for 20 years (NDCC Section 28-21-01)." Judgments entered on or before July 31, 2021 last 10 years and can be renewed once for 10 more (NDCC § 28-20-21). For judgments entered between August 1, 2021 and July 31, 2023, the period is 10 years, and the court's own guide says renewal is unclear.

When the debt is paid. The court's small claims packet includes Form 9, Satisfaction of Judgment.

Exemptions. Some property and wages are protected from collection under NDCC chapter 28-22. Our North Dakota debt collection laws guide covers those protections. Federal benefits are protected too: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

Claims against the federal government

A claim against a federal agency, or a federal employee acting on the job, is not a North Dakota small claims case. The claim must first be presented to the agency, and a lawsuit can follow only after the agency finally denies it in writing (28 U.S.C. § 2675(a)). The written claim is due within two years (28 U.S.C. § 2401(b)), and federal district courts have exclusive jurisdiction over these tort claims (28 U.S.C. § 1346(b)(1)).

Official forms and resources

• Small Claims Court Actions (North Dakota Legal Self Help Center, with forms and the fee waiver request)
• Form 1: Small Claims Court Information (revised July 2025)
• Collecting a Judgment: For the Judgment Creditor (revised November 2025)
• Interest rate on judgments (State Court Administration)
• Rule 10.2, Small Claims Court (North Dakota Rules of Court)
• NDCC chapter 27-08.1 (small claims statute)

Related

• Small claims court by state
• North Dakota statute of limitations
• North Dakota landlord-tenant laws
• North Dakota debt collection laws
• Minnesota small claims court
• South Dakota small claims court

Disclaimer: This article provides general legal information about small claims in North Dakota under NDCC chapter 27-08.1, Rule 10.2 of the North Dakota Rules of Court, and the other North Dakota and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the clerk of district court or the North Dakota Legal Self Help Center, a legal aid office, or a lawyer licensed in North Dakota.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in North Dakota?

$15,000, under NDCC § 27-08.1-01(1). The cap applies to the plaintiff's claim, a defendant's counterclaim and the value of an agreement the court is asked to cancel.

Can I sue for more than $15,000 in North Dakota small claims?

No. The court's self-help page says the claim must be $15,000 or less, and we found no North Dakota rule on waiving the excess to fit, so ask the clerk or a lawyer before giving up part of a larger claim.

How much does it cost to file small claims in North Dakota?

$20, under NDCC § 27-05.2-03(1)(e). The court's forms say to pay it before serving the defendant, and the court may waive the fee.

Can a collection agency sue in North Dakota small claims court?

Not on an assigned claim. NDCC § 27-08.1-01(3) says a claim may not be filed by an assignee, and the explanatory note to Rule 10.2 says that includes collection agency owners and employees.

Can I have a lawyer in North Dakota small claims court?

Yes. Rule 10.2 lets a party be represented by a lawyer admitted in North Dakota, though the court is designed so people can present their own cases.

What happens if the defendant does not respond in North Dakota small claims?

If the court gets no request for a hearing or removal within 20 days of service, no hearing is scheduled and judgment may be entered by default (NDCC § 27-08.1-02).

Can I appeal a North Dakota small claims judgment?

No. The plaintiff waives appeal by choosing small claims, and the defendant waives it unless the case is removed to district court within 20 days of service (NDCC § 27-08.1-04).

What is the interest rate on a North Dakota judgment in 2026?

10.00% for judgments entered in 2026, as set by the State Court Administrator under NDCC § 28-20-34. A judgment based on a written instrument that sets an interest rate bears that rate instead, up to the NDCC § 47-14-09 maximum.

How long is a North Dakota small claims judgment good for?

Judgments entered on or after August 1, 2023 may be collected for 20 years under NDCC § 28-21-01. Older judgments generally last 10 years, with renewal rules that depend on the entry date.