North Dakota Small Claims Forms

North Dakota Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about North Dakota Small Claims Forms

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for matters like personal injury claims above certain limits, defamation, or large-scale commercial disputes. The court is primarily concerned with small monetary disputes and simple cases. Understanding the limitations of small claims court helps you determine the best course of action for your issue. For those in North Dakota, the North Dakota Small Claims Forms can help clarify eligible claims.

  • How to file small claims in ND?

    To file small claims in North Dakota, you will need to complete the appropriate forms, gather your evidence, and file your claim in the local small claims court. Start by visiting the North Dakota court's website for the correct North Dakota Small Claims Forms. Following the local procedures carefully helps ensure your case moves smoothly through the system. Consider researching your claim before filing to avoid unnecessary delays.

  • Which of the following case types does small claims court not hear?

    Small claims court typically does not hear cases involving divorce, child custody, or defamation. These cases often require more formal procedures and legal expertise. It's essential to understand the limitations of small claims court to ensure you choose the correct avenue for your dispute. If you need to resolve a monetary issue, North Dakota Small Claims Forms can guide you through the necessary steps.

  • What is the small claims limit in North Carolina?

    The small claims limit in North Carolina is currently set at $10,000. This amount allows individuals to pursue various claims without the need for a lawyer, which can save time and resources. If you are considering filing a claim, ensure you understand your rights and the applicable limits. For residents of North Dakota seeking to file claims, using North Dakota Small Claims Forms can clarify your options.

  • What is the best evidence for small claims court?

    The best evidence for small claims court typically includes documents, photographs, receipts, and witness statements that support your case. Clear and organized evidence helps demonstrate your claims effectively. Make sure to prepare your evidence in advance to present your case confidently. Utilizing North Dakota Small Claims Forms can effectively guide you on how to categorize and present your evidence.

  • Can you sue for emotional distress in small claims court?

    You cannot typically sue for emotional distress in small claims court, as this type of claim often requires more extensive evidence and is not a direct monetary loss. Instead, small claims court usually deals with tangible damages. If you believe your case involves emotional harm, an attorney may help you explore other legal avenues. However, when pursuing typical claims, North Dakota Small Claims Forms can assist in the process.

  • How do I file a small claims case against someone out of state?

    Filing a small claims case against someone from out of state can be more complex, depending on jurisdiction. Typically, you will need to file in your state or the state where the defendant resides. You can refer to North Dakota Small Claims Forms for guidance on how to structure your claim, even when dealing with out-of-state issues.

  • What is the maximum you can take someone to small claims court?

    The maximum claim amount you can pursue in small claims court varies by state, but in North Dakota, it is set at $15,000. This capacity ensures that individuals can address substantial disputes without the complexities of formal court proceedings. Utilizing North Dakota Small Claims Forms can simplify your filing process and help you navigate your claim efficiently.

  • What is the small claims limit in CA?

    In California, the small claims limit is typically $10,000 for individual claimants. It's important to be aware that these limits vary by state. If you need assistance, consider using North Dakota Small Claims Forms for all required documentation if you're filing in North Dakota.

  • What are the rules for small claims court in Oregon?

    While this question pertains to Oregon, it is beneficial to note that each state has specific rules governing small claims court. In North Dakota, the process requires certain forms and documentation, which can be easily found by utilizing North Dakota Small Claims Forms. Understanding the local regulations is crucial, so make sure you familiarize yourself with the specifics for your state.