Filing a small claims case in North Dakota means using North Dakota's own forms and following its court's procedure. This guide covers the core documents a typical case uses, the claim limit, and where to get the official North Dakota forms — without paying for something your court provides free.
The short version: file your claim in Small Claims Court (a branch of the District Court), serve the defendant, and prepare your evidence for the hearing. You can claim up to $15,000. Get the official forms free from ndcourts.gov.
What Forms Do You Need in North Dakota?
Form names and numbers differ by state, but a North Dakota small claims case generally uses the same core documents:
📄 Claim Affidavit (Form 2)
The document that opens your case — it names the parties, the amount you're claiming, and the basis of the claim. Get the current version from ndcourts.gov.
📬 Serving the defendant
Plaintiff arranges service of the Claim Affidavit (and packet) on the defendant, then files Affidavit of Mailing/Personal Service (Form 6) with the clerk.
💵 Fee waiver
Petition for Waiver of Filing Fees & Costs (Form 1) with Financial Affidavit Ask the clerk for the current fee-waiver form.
⚖️ Default judgment
If the defendant is properly served but doesn't respond or appear, you can ask the court to enter a judgment in your favor by default.
Where to Get Official North Dakota Forms
North Dakota small claims forms are free from the official sources below. Always use the current official version, and confirm any local (county/court) variations before you file.
- North Dakota court forms — ndcourts.gov
- Official source — ndcourts.gov
- Official source — ndcourts.gov
- Your local courthouse or clerk — the clerk can provide the current forms and tell you which ones your court requires.
North Dakota Small Claims Limit & Fees
| Item | Detail |
|---|---|
| Court | Small Claims Court (a branch of the District Court) |
| Claim limit | $15,000 |
| Filing fee | $20 (statewide, effective July 1, 2025). |
| Fee waiver | Petition for Waiver of Filing Fees & Costs (Form 1) with Financial Affidavit |
Per N.D.C.C. ch. 27-08.1. Limits and fees change over time and can vary by county — confirm the current figures with your North Dakota court before you file.
North Dakota Small Claims Forms: FAQ
❓ What forms do I need to file a small claims case in North Dakota?
A North Dakota small claims case is filed in Small Claims Court (a branch of the District Court). You generally need a claim/complaint form to open the case, a way to serve the defendant with proof of service, and — if you can't afford the fee — a fee-waiver form. Form names and numbers are set by the court, so download the current official versions from ndcourts.gov before you file.
❓ How much can you sue for in North Dakota small claims court?
In North Dakota you can claim up to $15,000. If your claim is larger, you can usually reduce it to the limit to stay in small claims or file in a higher court instead.
❓ Where do I get official North Dakota small claims forms?
From your state court — North Dakota's judiciary publishes the official forms, and the Small Claims Court (a branch of the District Court) clerk can provide the current versions and tell you which ones your court requires. Court-issued forms are free; you only pay the filing fee.
❓ Do you need a lawyer for small claims court in North Dakota?
No. Small claims court is designed for people to represent themselves without an attorney, and North Dakota is no exception. The forms and procedure are simplified so you can file, serve, and present your own case.
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Start My Claim — $19This page is general information, not legal advice. North Dakota small claims forms, fees, and limits change over time and can vary by county — always use the current official forms and verify requirements with your court before you file.