If you’re involved in a small claims dispute in North Dakota, you may wonder how the court process works. The North Dakota Small Claims Court provides a quicker, more accessible way to resolve disputes over relatively small amounts of money. The process may allow you to more readily resolve cases without needing to involve a lawyer. In Small Claims Court, the judge or judicial referee assigned to your case will assist both parties in presenting their case.
However, your rights and the type of relief you can obtain in Small Claims Court are different than they might be if you brought the case in district court instead. Importantly, you do not have the right to a trial by jury in North Dakota Small Claims Court, nor do you have the right to appeal the decision of the small claims judge or judicial referee. These are important considerations before bringing a claim, and you may want to bring your claim in district court instead, where you are much more likely to have those rights. An initial consultation with an attorney can help point you in the right direction on this question.
In case you decide to try a small claims action without an attorney, here’s a general overview of how the North Dakota court system handles small claims:
What qualifies as a small claim in North Dakota?
The laws governing small claims court in North Dakota are codified in chapter 27-08.1 of the North Dakota Century Code. In North Dakota, small claims involve disputes in which the amount at issue is $15,000 or less. These cases can include issues like unpaid debts, property damage, or breach of contract. If the amount in dispute exceeds $15,000, or if you seek some type of injunctive relief (e.g., a temporary restraining order), the case may not be filed in North Dakota Small Claims Court and should be filed in district court or another appropriate forum instead.
How do you file a small claim in North Dakota?
To file a small claim in North Dakota, you need to fill out a number of simple forms (including the Claim Affidavit), which you can find at your local courthouse or online. You may also submit exhibits as evidence supporting your claim.
Once you complete the necessary forms, you will file them with the appropriate court and pay a small filing fee. The small claims forms on the North Dakota website can help you decide which court is the correct court to file in, depending on the facts of your case. Note that you are considered under oath when submitting any affidavits to the court, and you are submitting your signed Claim Affidavit under penalty of perjury.
Once the court accepts your filings, you will need to arrange to have the Claim Affidavit and other required forms (also found on the North Dakota Small Claims Court website) served on the defendant(s). If you are suing more than one individual or entity, each defendant must be served with the required forms. You may need to hire a process server or request the sheriff to serve the papers on all necessary parties.
Potential Risks of Small Claims Court
An important consideration when deciding whether to bring a small claims action is that the plaintiff (the person who files the small claims action) may not change his or her mind and decide to file in district court after filing their claim in Small Claims Court. The defendant(s), on the other hand, have the option in most cases to remove the action to district court, which they accomplish by filing a form within a certain time of being served. Be aware that filing fees and legal costs may be more substantial in district court, and the rules are more stringent and more difficult to navigate without an attorney. If the defendant does remove the case to district court and loses, the court must award the prevailing plaintiff his or her attorney’s fees (including if the defendant who removed the case to district court also loses a subsequent appeal).
Again, these are important considerations for which you may want to seek preliminary legal advice, even if you ultimately decide to try the case yourself.
If the defendant(s) consent to having the case heard in Small Claims Court and request a hearing, the court will schedule an informal hearing, typically within a few months, depending on the caseload.
What happens during the hearing?
All parties must appear at this hearing, including any witnesses you wish to have testify on your behalf. During the hearing, all parties present their evidence and make their case before the judge. Small claims court does not use juries. In some cases the judge will issue a decision “from the bench” (i.e., immediately after hearing both sides). In other cases, the judge may request more information and issue a ruling later.
Can you appeal a small claims decision?
No; by choosing to litigate your claim in North Dakota Small Claims Court, you are waiving your right to appeal the court’s decision. Some extraordinary remedies may exist for unique cases, but these cases are rare and require exceptional circumstances.
Conclusion
Resolving small claims disputes in North Dakota allows individuals to pursue justice in a more straightforward manner but does not come without some risks. Whether you are the plaintiff or defendant, understanding the process can make navigating the legal system easier. If you are seeking a simple answer as to whether to proceed on your own in Small Claims Court or whether your case is more appropriate for district court and more involved legal assistance, our attorneys can help provide the level of assistance you require.
This article is for educational purposes only and is not intended to be used as legal advice.