North Dakota Small Claims Court

What Is a Small Claims Court in North Dakota?

The North Dakota small claims court is also known as the "conciliation court" under Chapter 27 of the North Dakota State Code. It is a court of informal procedures with the sole purpose of recovering owed money and resolving issues that arise from terminating an agreement, provided the sum claimed does not exceed the jurisdiction of the court. Cases brought before this court typically involve disagreements between individuals, businesses, or government entities. As a result, any individual or corporation owed $15,000 or less may pursue their case in the small claims court in North Dakota, with or without the assistance of an attorney.

The small claims court is a section of the district court in North Dakota. The following are some examples of cases heard in this court:

• Tenant/landlord disputes
• Debt collection involving businesses and persons that refuse to pay back minor debts
• Breach of contract claims
• Disputes over payment for goods or services
• Cancellation of agreements in which the amount of the agreement is $15,000 or less
• Auto accidents where one entity causes damage to a vehicle and refuses to pay for the repairs
• Compensation for substandard services and damaged goods

How Does the North Dakota Small Claims Court Work?

Despite the North Dakota small claims court being a division of the district court, it operates on a less formal basis. The court focuses on resolving legal disputes between private entities quickly and efficiently. As such, there is no jury trial, and small claims court verdicts in North Dakota cannot be appealed. Instead, a court judge hears the parties' testimony, examines the evidence, and enters a decision based on the law and facts provided.

Before filing a case in the North Dakota small claims courts, the following conditions must be met:

• The plaintiff must be at least 18 years old. (A court-appointed guardian may sue on the child's behalf.)
• The complainant must be mentally competent and able to understand the court proceedings. Otherwise, a court-appointed guardian will sue on behalf of the incapacitated person.
• Parties in the case must be "pro se litigants." That is, they must represent their cases without the assistance of an attorney.

The small claims petitioner has the burden of proof in matters heard in the small claims court. This means that they must prove to the court that the claimed amount is owed or that an agreement was terminated unfairly. To accomplish this, the plaintiff must be able to provide supporting papers to the court, as well as subpoena witnesses necessary to the claim. For instance, they may provide the court with originals and photocopies of signed contracts, rental agreements, canceled checks, deeds, written damage estimates, repair bills, photographs, etc. If the claim was for property damage, a piece of the damaged property or photographic proof might suffice. Some courts will even allow the presentation of notarized statements by witnesses that cannot appear in court.

Any party who wins a small claims case must collect the judgment themselves. The court cannot do this on the party's behalf. As such, it may be difficult to collect payment from a defendant, especially if the party is insolvent. In North Dakota, a judgment creditor must wait 14 days after receiving a judgment before beginning collection efforts. The party may seek legal counsel to help navigate the many legal collection procedures.

How to Take Someone to Small Claims Court in North Dakota

In general, a small claims case in North Dakota starts when a plaintiff files a claim affidavit with the district court and pays a $10 filing fee to the court. Afterward, the defendant must be served with the claim affidavit and other documents. The service papers will also include an answer form and request for a hearing (these are included for a defendant who wants to agree or disagree with the claim). After service, the proof of service must be filed with the court, and a hearing date will be set to resolve the case.

Before Filing the Claim

There are several steps to take before bringing a claim to the small claims court. First, the plaintiff should write to the person they plan to sue (the defendant). This letter should state that they intend to take the case to court. When the defendant receives this letter, they may choose to pay the amount and resolve the disagreement in order to avoid going to court. Otherwise, the plaintiff has the right to sue.

Before filing the affidavit claim, the prospective plaintiff must have certain information to minimize delays and several trips to the court. This includes information on the defendant's identity and address (residential and employment). It should also include all relevant information concerning the claim or debt owed (this explanation must be notarized). The petition form, along with a packet of other forms, is available for free from the state court system's website.

Filing the Claim and Serving the Defendant

After downloading and completing the affidavit form and other documents, the individual must file them with the clerk of the court and pay a filing fee. The small claims case must be filed in the county where the defendant lives, has a business, or where the incident occurred. This makes it easier to collect a judgment if the plaintiff wins. The filed forms will eventually be returned so that the plaintiff can serve them on the defendant.

Because the plaintiff is not permitted to serve the forms personally, they must send the notice via certified mail or through an adult who is not involved in the case. If the plaintiff chooses to serve the defendant by certified mail, they must obtain a return receipt proving successful delivery. Then, the plaintiff will complete an Affidavit of Service and send it to the clerk for filing.

The notice of claim delivered to the defendant will include a form with which the party must respond (answer form), indicating whether a hearing is requested or whether they intend to remove the case to the district court. If the sued party does not answer within twenty days of service, a hearing date will not be set, and judgment may be entered against the defendant by default.

The Hearing

There is no court reporter or jury at a small claims hearing. Instead, a small claims court judge, known as a "judicial referee," hears and decides the matter. On some occasions, small claims cases may be decided without a hearing. Still, if a hearing is scheduled, all parties must attend to avoid a dismissal of the claim or an unfavorable default judgment. Before issuing a judgment, the court will hear all claims and counterclaims (if any). If the court determines that the dispute involves complicated legal issues or too many disputed facts, the small claims case will be dismissed, the filing fees refunded, and the case will be filed in the district court.

It is important to note that in North Dakota, a small claims judgment cannot be appealed. Additionally, a debtor must pay the judgment within ten (10) days of receiving notice. Following payment, the paid party must complete a Satisfaction of Claim form and deliver it to the court clerk. This form is usually contained in the packet of forms downloaded from the court's website.

A small claims court ruling is valid for ten (10) years and can be extended for an additional ten years. All information and resources regarding filing a claim in a North Dakota small claims court are available for review on the North Dakota Supreme Court's website.

How Much Can You Sue For in North Dakota Small Claims Court

The sum that a party can recover in a North Dakota small claims court is limited. Thus, a claim may be filed in small claims court only if the filing party seeks to recover no more than $15,000. Parties can also sue to dissolve agreements involving fraud, deception, misrepresentation, or false promises if the agreed amount was $15,000 or less.

How to Defend Yourself in North Dakota Small Claims Court

After service, a defendant has twenty (20) days to perform one of the following actions:

• Pay the debt to avoid a court appearance.
• Request a small claims court hearing.
• Transfer the case to the district court, where it will be processed as a standard civil action.

If a defending party has a counterclaim against the plaintiff or denies the claim against them, they may request a hearing in the small claims court. A defendant denying a claim must submit a detailed answer explaining why they should not pay damages. On the other hand, a counterclaim will outline why they should not pay the claimed amount and why the plaintiff owes them money. Regardless, it is necessary to file an answer within twenty (20) days of service to prevent the court from imposing a default judgment in the plaintiff's favor.

If the defendant responds and requests a hearing, the court will set a day and time for the hearing. The defendant may also choose to transfer the case to the district court, but this decision comes with significant risks. The withdrawn case will be converted to a district court action, which involves a more formal and costly procedure than the small claims court. As a result, if the defendant chooses to take the case to the district court and the plaintiff wins, the defendant will be liable for all of the plaintiff's attorney fees and costs.

How Long Do You Have to Take Someone to Small Claims Court in North Dakota?

In general, civil actions in North Dakota have a two to ten-year statute of limitations. However, the most common civil proceedings have a six-year filing deadline. As a result, any individual or corporation who has been injured by another entity's actions and intends to claim damages must do so within the time limits specified by the civil statutes of limitations.

Although there are exceptions, this time limit begins to run from the moment an incident occurs. Common civil actions and tier time limits include:

• Personal injury lawsuits: 6years
• Injury to personal property: 6 years
• Breach of written contracts: 6 years
• Breach of oral contracts: 6 years
• Collection of debt: 6 years
• Judgment collection:10 years

If an aggrieved party files a complaint after the deadline has passed, they have effectively forfeited their right to pursue that lawsuit in court. In fact, the defendant may file a motion to dismiss the case, and the court will grant this motion.

However, North Dakota Century Code § 28-01-25 states that a deadline extension may be granted in unusual cases. For example, in property damage cases, the time frame begins to run when the property owner becomes aware of the damage. Also, if the victim is underage, incarcerated, or mentally challenged at the time of the incident, the law considers them to have a "legal disability." As a result, the six-year statute will not begin to run until the incapacity period ends. That is, the time will begin to run when the property owner reaches adulthood, is freed from prison, or is deemed mentally fit. After the disability period expires, the property owner must file a claim in court within a year.

What Happens If You Don't Show Up for Small Claims Court in North Dakota?

Parties in a small claims lawsuit must make every effort to appear in court on time. If the court intends to hear claims and counterclaims from both sides, both parties must appear in court to defend their claims. However, if one party fails to appear at the trial, especially without prior notice, the court may dismiss that person's claim and enter a default judgment in favor of the party present at the hearing.

Also, if there are no counterclaims and the defendant fails to appear, the court may issue a default judgment favoring the plaintiff. On the other hand, if there are no counterclaims and the plaintiff is not present at the hearing, the court has the authority to dismiss the case.

What are Small Claims Court Records in North Dakota?

According to the North Dakota supreme court rules, small claims court records are generated in the district court. They constitute all documents filed in small claims civil actions. They also refer to the indexes of plaintiffs and defendants in these cases.

Due to the informality of small claims court, court reporters are not present in case proceedings. As a result, small claims court records will only comprise documents presented and filed by the parties in the case, as there is no verbatim recording or transcript. The accessible records may include statements of claims, counterclaims, return receipts, contracts, photographs, witness notarized statements, and other documents used as evidence.

Where Can I Find North Dakota Small Claims Court Records?

All courts in the state’s jurisdiction generate North Dakota court records and distribute them to the public. The courts operate a unified database that interested parties can use to view district and county court proceedings. The following criteria can be used to search the site:

• Case title
• Party information
• Filing date

Alternatively, interested parties can contact the court where the matter was heard and resolved. They can use telephone, email, or visit the court clerk's office to request records. However, it is crucial to note that, except for the judgment itself, the supreme court rules allow courts to erase all files and records submitted in a small claims case when the judgment is satisfied or 10 years old. If the court destroys a record, the court clerk must put a note on the judgment identifying and stating the items destroyed. Hence, inquirers may be unable to access the entire record.