Small Claims Court Dollar Limits in North Dakota
At a glance
| Governing law | N.D.C.C. §§ 27-08.1-01 to 27-08.1-08 (Small Claims Court) |
|---|---|
| Dollar limit | $15,000 (N.D.C.C. § 27-08.1-01(1)), for a money claim, a tenant's civil-damages claim under § 47-10-28(9), or cancellation of an agreement for material fraud, deception, misrepresentation, or false promise |
| Limit for businesses/entities | Same $15,000 limit as an individual; a corporation, LLC, or partnership may appear through an officer, owner, director, trustee, or employee rather than a lawyer (N.D. R. Ct. 10.2(b)) |
| Court name and where to file | Small Claims Court, a division of the district court exercised by district judges (§ 27-08.1-01(1)); may be presided over by an appointed judicial referee (§ 27-08.1-08) |
| Can you bring a lawyer? | Not barred: parties may be represented by a lawyer admitted to practice in the state (N.D. R. Ct. 10.2(a)); but a claim may not be filed by an assignee of the claim at all, including a collection agency or debt buyer, so an assigned debt cannot be brought in Small Claims Court by anyone (§ 27-08.1-01(3)) |
| Limit on how many claims you can file | None found in Chapter 27-08.1; a separate, general 2025 vexatious-litigant law (creating a prefiling-order regime for a litigant who has lost at least two 'vexatious' cases in 7 years) applies across all courts, including small claims, but isn't a numeric annual cap |
| Can you appeal? | Neither side gets a true post-judgment appeal: by electing small claims court, the plaintiff waives any right to appeal the decision; the defendant waives appeal upon receiving the order for appearance, unless the defendant instead removes the case to district court before the hearing (§ 27-08.1-04); once a small claims judgment is entered, it is final for both sides |
| What you can sue for | Money judgments or cancellation of an agreement for fraud, deception, misrepresentation, or false promise: no broader equitable or possessory relief; no jury trial is available (§ 27-08.1-03); if the judge decides the case can't be fairly resolved in small claims court because it needs relief other than money damages or cancellation, the judge must dismiss without prejudice and refund the filing fee (§ 27-08.1-04.1) |
Requirements one by one
Dollar limit
Section 27-08.1-01 confines the court to recovery of money, the named tenant damages claim, or cancellation of an agreement involving material fraud, deception, misrepresentation, or false promise, when the amount or agreement value “does not exceed fifteen thousand dollars.” The same section names the forum “small claims court” while district judges exercise its jurisdiction.
Can you bring a lawyer?
Rule 10.2 says parties “may be represented by a lawyer” and lists the officers, owners, directors, trustees, and employees who may represent a legal entity. The separate statutory bar is categorical: “A claim may not be filed by an assignee of that claim.”
Can you appeal?
Section 27-08.1-04 says the plaintiff waives appeal by electing small claims and the defendant waives appeal on receiving the appearance order unless the defendant removes the action to district court. The removal decision therefore comes before the small-claims hearing, not after judgment.
What you can sue for
N.D.C.C. § 27-08.1-03 states that “[a] trial by jury is not allowed.” Under § 27-08.1-04.1, a judge may dismiss without prejudice when factual or legal complexity prevents fair small-claims treatment or when relief other than money damages or cancellation is necessary.
What trips people up
Because neither side gets a real post-judgment appeal, the defendant's only meaningful way to fight a case in a more formal setting is to remove it to district court before the hearing: waiting until after losing is too late.
A debt-collection business sometimes assumes it can sue on a purchased account the way it might in other states; North Dakota's assignee bar blocks that outright, regardless of how the claim is structured.
Common questions
Can I request a jury?
No. N.D.C.C. § 27-08.1-03 expressly bars jury trials in Small Claims Court.
What happens if the case needs an injunction or another remedy?
The judge may dismiss without prejudice when relief beyond money damages or agreement cancellation is necessary, leaving the claim to be brought in the proper district-court procedure.
Can the plaintiff garnish before judgment?
No. Section 27-08.1-01 bars garnishment or attachment until after judgment.
Statutes and sources
- N.D.C.C. §§ 27-08.1-01, -03, -04, and -04.1 — jurisdiction, assignee bar, no-jury rule, appeal waiver and removal, and dismissal when the simplified forum cannot fairly supply the needed relief. Official chapter PDF (accessed 2026-08-17).
- North Dakota Rule of Court 10.2 — lawyers and authorized legal-entity representatives. Official court-rule page (accessed 2026-08-17).
Source links
Every statute quoted above, linked, with the date we checked it.
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