North Dakota Small Claims Court Guide

North Dakota Quick Facts

How to File in North Dakota District Court

North Dakota's small claims cases are heard in the District Court under a simplified procedure governed by N.D. Cent. Code § 27-08.1. The $15,000 limit is among the highest in the nation, which is especially valuable for deposit disputes where the 3× penalty can push the total well above the original deposit amount. The process is informal and designed for people without lawyers.

1. Organize your evidenceCollect your lease, move-in and move-out condition reports, photographs, your demand letter with proof of delivery, and all landlord communications. If your tenancy lasted more than 9 months, also gather evidence about whether your landlord paid interest on the deposit — they're required to under North Dakota law.
2. Visit the District Court clerkFile at the District Court in the county where the defendant lives or where the rental property is located. North Dakota has District Courts in every county. The clerk can provide you with the small claims affidavit and claim form.
3. Complete the small claims affidavitFill out the small claims affidavit with your information, the defendant's name and address, the amount claimed (up to $15,000), and a clear statement of your claim. Be specific about the deposit amount, when you moved out, and what the landlord failed to return or improperly deducted.
4. Pay the filing fee & serve the defendantPay $30 for claims up to $5,000, $45 for claims between $5,000 and $10,000, or $60 for claims between $10,000 and $15,000. Service can be done by certified mail, the sheriff, or a private process server. File proof of service with the court at least 20 days before the hearing.
5. Present your case at the hearingHearings are informal — no formal rules of evidence apply. Present your documentation in chronological order, explain the timeline clearly, and cite N.D. Cent. Code § 47-16-07.1 for deposit claims. Emphasize the 3× penalty if your landlord acted in bad faith. The judge typically rules at the hearing or shortly after.

North Dakota Filing Fees

North Dakota uses a three-tier fee structure. Claims of $5,000 or less cost $30. Claims between $5,001 and $10,000 cost $45. Claims between $10,001 and $15,000 cost $60. Service of process adds approximately $15–$40 depending on whether you use certified mail or the sheriff.

Fee waivers are available for those who qualify based on income. Ask the clerk about filing an affidavit of indigency. If you win your case, the judge will typically order the defendant to reimburse your filing fees and service costs as part of the judgment.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 30 days or made wrongful deductions under N.D. Cent. Code § 47-16-07.1 (3× penalty + court costs; interest required if tenancy exceeds 9 months)
• Property damage — Someone damaged your vehicle, personal belongings, or other property worth up to $15,000
• Breach of contract — A party failed to deliver on a written or verbal agreement for goods, services, or payments
• Unpaid wages or debts — Money owed for work performed, loans, or other financial obligations

Frequently Asked Questions