Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
North Dakota doesn't require a demand before filing, but asking for payment first can settle things faster.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In North Dakota you can sue for up to $15,000 in the Small Claims Court (Small Claims Division of the District Court).
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its registered agent.
Search: North Dakota Secretary of State FirstStop business search.
1–2 evenings
Form 2: Claim Affidavit (Small Claims Court). Get the form.
You sign the Claim Affidavit under penalty of perjury; no notary is needed.
Keep one copy of the Claim Affidavit and serve one on each defendant, along with Forms 1 and 7 and blank copies of Forms 3, 4 and 5.
Filing day
Choose how you'll file:
Usually the county where the defendant lives. For a company, file where it has a place of business or where the claim arose. Lease and deposit disputes go where the property is.
$20 to file the Claim Affidavit (raised from $10 on July 1, 2025). Service by the sheriff or certified mail costs extra. If the defendant moves the case to district court, they pay a $160 fee. Can't afford it? Ask for a fee waiver: Ask the clerk of district court about a fee waiver if you can't afford the costs..
After filing, you serve the Claim Affidavit and blank response forms on the defendant. The defendant then has 20 days to ask for a hearing or move the case.
Right after filing
Serve the Claim Affidavit by certified mail with restricted delivery and return receipt, by the sheriff, or by an adult who isn't part of the case. You can't serve it yourself.
After being served, the defendant has 20 days (counting weekends) to ask for a hearing or move the case to district court.
Affidavit of Service (Form 6)
File the Affidavit of Service with the signed green certified-mail card, or the sheriff's Certificate of Service, with the clerk.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
Within 20 days the defendant can ask for a small claims hearing or move the case to district court. An answer or counterclaim (up to $15,000) must be served at least 48 hours before the hearing.
If you settle and get paid, file a Satisfaction of Judgment or ask the clerk how to dismiss the case.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk of district court how to subpoena a witness who won't come voluntarily.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond or doesn't come to the hearing, the court can enter a default judgment. If you don't come, your claim can be dismissed and you may not be able to refile.
Weeks to months
Neither side can appeal a small claims decision. The defendant can avoid this by moving the case to district court within 20 days of being served.
The loser has 30 days from the Notice of Entry of Judgment to pay. After that, you can use a writ of execution through the sheriff, a lien on real estate (not the home), or wage garnishment.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.