North Dakota Small Claims Court Claim Affidavit and Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

North Dakota requires the use of official Form 2 (Claim Affidavit) for small claims
complaints. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://www.ndcourts.gov/legal-self-help/small-claims.
Do not file this document directly with the court.

SMALL CLAIMS COURT — CLAIM AFFIDAVIT AND COMPLAINT

STATE OF NORTH DAKOTA

(Pursuant to N.D.C.C. Chapter 27-08.1 and N.D.R.Ct. 10.2)

I. COURT AND CASE INFORMATION

                    STATE OF NORTH DAKOTA
                    COUNTY OF [________________________________]

                    IN DISTRICT COURT
                    [________________________________] JUDICIAL DISTRICT
                    SMALL CLAIMS DIVISION

                    Case No. ________________________
                    (Assigned by Clerk)

CLAIM AFFIDAVIT (SMALL CLAIMS COMPLAINT)

Filing Date: [__/__/____]

II. PLAINTIFF (CLAIMANT) INFORMATION

If business entity, provide additional information:

III. DEFENDANT (RESPONDENT) INFORMATION

If business entity, provide additional information:

(Note: If there are additional defendants, attach a supplemental sheet with the same information for each additional defendant.)

IV. JURISDICTION AND VENUE

A. Jurisdictional Amount

1. The amount claimed by the Plaintiff does not exceed $15,000.00, exclusive of costs, which is the maximum jurisdictional limit for small claims court under N.D.C.C. § 27-08.1-01.

2. Total amount of claim: $[________________________________]

B. Type of Claim

This action is for (check all that apply):

☐ Recovery of money — The Defendant owes the Plaintiff a sum of money.
☐ Cancellation of agreement due to fraud — The Plaintiff seeks cancellation of an agreement involving material fraud, deception, misrepresentation, or false promise, where the value of the agreement does not exceed $15,000.00.
☐ Tenant damages claim — The Plaintiff (tenant) seeks civil damages from a landlord.

C. Venue

3. Venue is proper in [________________________________] County, North Dakota, because (check one):

☐ The Defendant resides in this county.
☐ The Defendant conducts business in this county.
☐ The transaction or occurrence giving rise to this claim took place in this county.
☐ The property at issue is located in this county.

D. Statute of Limitations

4. This claim is timely filed because the events giving rise to the claim occurred on or about [__/__/____], which is within the applicable statute of limitations period under N.D.C.C. § 28-01-16 (six years for most contract and debt claims).

V. STATEMENT OF CLAIM

(Describe what happened in plain language. Include who, what, when, where, and how much. Small claims hearings are informal, so state the facts clearly and concisely.)

A. Nature of Claim

Check the category that best describes your claim:

☐ Unpaid debt / breach of contract
☐ Property damage
☐ Defective goods or services
☐ Unpaid wages or compensation
☐ Landlord-tenant dispute (security deposit, damages, etc.)
☐ Vehicle purchase or repair dispute
☐ Personal injury (minor)
☐ Loan or promissory note default
☐ Fraudulent transaction
☐ Other: [________________________________]

B. Factual Basis

5. On or about [__/__/____], the following events occurred:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

6. The Plaintiff and Defendant had the following agreement or relationship:

[________________________________]
[________________________________]

7. The Defendant breached the agreement or committed the wrongful act as follows:

[________________________________]
[________________________________]

8. The Plaintiff suffered damages as a result, described as follows:

[________________________________]
[________________________________]

9. The Plaintiff made demand for payment or performance on [__/__/____], by the following method:

☐ Written demand letter (copy attached as Exhibit [____])
☐ Verbal demand on [__/__/____]
☐ Email demand on [__/__/____] (copy attached as Exhibit [____])
☐ Text message on [__/__/____] (copy attached as Exhibit [____])
☐ Other: [________________________________]

10. The Defendant has failed or refused to pay or perform despite demand.

VI. DAMAGES SOUGHT

(The total claim amount must not exceed $15,000.00 exclusive of costs. Under N.D.C.C. § 27-08.1-06, the prevailing party may recover court costs.)

Interest Calculation (if applicable):

VII. EVIDENCE AND SUPPORTING DOCUMENTS

(List all documents and evidence you plan to bring to the hearing. Attach copies of key documents to this Claim Affidavit.)

Common types of evidence in small claims cases:

☐ Written contract or agreement
☐ Invoices or bills
☐ Receipts or proof of payment
☐ Photographs
☐ Text messages or emails
☐ Demand letter and proof of mailing
☐ Estimates or repair quotes
☐ Promissory note
☐ Lease agreement
☐ Other: [________________________________]

VIII. WITNESSES

(List any witnesses you plan to call at the hearing.)

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant for the following:

A. Monetary damages in the amount of $[________________________________];

B. Pre-judgment interest in the amount of $[________________________________] (if applicable);

C. Post-judgment interest at the statutory rate pursuant to N.D.C.C. § 28-20-34;

D. Court costs, including the filing fee and costs of service;

E. Cancellation of the agreement described herein (if applicable under N.D.C.C. § 27-08.1-01); and

F. Such other and further relief as the Court deems just and proper.

X. VERIFICATION AND OATH

I, [________________________________], declare under penalty of perjury under the laws of the State of North Dakota that the statements made in this Claim Affidavit are true and correct to the best of my knowledge, information, and belief.

I understand that:

☐ The Defendant has twenty (20) calendar days from the date of service to request a hearing or elect to remove this action to District Court under N.D.C.C. § 27-08.1-04 and § 27-08.1-05.

☐ If the Defendant does not respond within twenty (20) days, judgment may be entered against the Defendant by default.

☐ Small claims court decisions are final and cannot be appealed to a higher court under N.D.C.C. § 27-08.1-04. However, either party may demand a new trial in District Court within thirty (30) days after the small claims judgment is mailed.

☐ If the Defendant elects removal to District Court, the matter will proceed under the regular rules of civil procedure, and I may wish to consult an attorney.

Date: [__/__/____]

________________________________________
[________________________________] (Plaintiff Signature)
[________________________________] (Printed Name)

XI. SERVICE OF PROCESS

(The Plaintiff is responsible for arranging service on the Defendant. Under N.D.C.C. § 27-08.1-02, the Claim Affidavit and accompanying forms must be served on the Defendant.)

A. Method of Service (check one):

☐ Certified mail, return receipt requested, restricted delivery — I will mail a copy of the completed Claim Affidavit and the five (5) required forms to the Defendant by certified mail with restricted delivery.

☐ Personal service — I will have a person of legal age who is not a party to this action personally deliver a copy of the completed Claim Affidavit and the five (5) required forms to the Defendant.

B. Documents to Be Served on Defendant

The following documents must be served on the Defendant:

1. Copy of the Claim Affidavit (this document)
2. Defendant's Request for Hearing or Removal form
3. Small Claims Court Information sheet
4. Defendant's Answer/Counterclaim form
5. Affidavit of Mailing/Personal Service form
6. Return envelope (if serving by mail)

C. Affidavit of Service

After service is completed, the Affidavit of Mailing/Personal Service must be filed with the Clerk of District Court.

XII. AFFIDAVIT OF MAILING / PERSONAL SERVICE

(Complete this section after service has been accomplished)

☐ Option A: Service by Certified Mail

I, [________________________________], certify that on [__/__/____], I mailed a true and correct copy of the Claim Affidavit and all required forms to the Defendant at the following address by certified mail, return receipt requested, restricted delivery:

Address: [________________________________]

Certified Mail Tracking Number: [________________________________]

☐ Return receipt is attached showing delivery on [__/__/____].
☐ Mail was returned as undeliverable. Reason: [________________________________].

☐ Option B: Personal Service

I, [________________________________], certify that on [__/__/____], at [____] ☐ a.m. ☐ p.m., I personally delivered a true and correct copy of the Claim Affidavit and all required forms to the Defendant at the following location:

Address: [________________________________]

I am at least 18 years of age and am not a party to this action.

Date: [__/__/____]

________________________________________
[________________________________] (Server Signature)
[________________________________] (Printed Name)
[________________________________] (Address)

XIII. IMPORTANT NOTICES

A. Hearing Procedures Under N.D.C.C. § 27-08.1-03

• Hearings are informal. No formal rules of evidence apply.
• A court reporter is not required unless arranged and paid for by one of the parties.
• Hearings typically last approximately 30 minutes.
• Both parties must attend in person unless the judge or judicial referee permits attendance by reliable electronic means.
• Bring all documents, photographs, and other evidence to the hearing.

B. Default Judgment

• If the Defendant does not request a hearing or elect removal within twenty (20) days of service, judgment may be entered by default in favor of the Plaintiff.

C. Counterclaims and Removal — N.D.C.C. § 27-08.1-05

• The Defendant may file a counterclaim. If the counterclaim exceeds $15,000.00, the Defendant may elect to remove the entire action to District Court.
• Either party may elect removal to District Court by filing a written election within twenty (20) days of service.

D. New Trial Demand — N.D.C.C. § 27-08.1-04

• Either party may demand a new trial in the District Court within thirty (30) days after the small claims judgment is mailed.
• The demand must be filed with the Clerk of District Court and served on the opposing party.

E. Judgment Collection

• If you obtain a judgment and the Defendant does not pay voluntarily, you may use legal remedies to collect, including garnishment and execution, under the North Dakota Rules of Court and applicable statutes.

XIV. FILING INFORMATION

Sources and References

• North Dakota Small Claims Court Self-Help: https://www.ndcourts.gov/legal-self-help/small-claims
• N.D.R.Ct. 10.2 (Small Claims Court Rule): https://www.ndcourts.gov/legal-resources/rules/ndrct/10-2
• N.D.C.C. Chapter 27-08.1 (Small Claims Court Act): https://ndlegis.gov/cencode/t27c08-1.html
• N.D.C.C. § 27-08.1-01 — Jurisdictional Limits ($15,000) and Venue
• N.D.C.C. § 27-08.1-02 — Commencement of Action by Claim Affidavit
• N.D.C.C. § 27-08.1-03 — Informal Hearing Procedures
• N.D.C.C. § 27-08.1-04 — Demand for New Trial (30 days after judgment mailed)
• N.D.C.C. § 27-08.1-05 — Counterclaim and Removal to District Court
• N.D.C.C. § 27-08.1-06 — Costs and Fees
• N.D.C.C. § 28-01-16 — Statute of Limitations (six years, general)
• N.D.C.C. § 28-20-34 — Post-Judgment Interest Rate
• N.D.C.C. § 47-14-05 — Legal Rate of Interest
• Official Small Claims Court Forms Packet: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Small%20Claims/All%20Small%20Claims%20Court%20Forms%20Packet.pdf