SMALL CLAIMS COMPLAINT
(North Dakota – N.D.C.C. ch. 27-08.1)
[// GUIDANCE: This template is drafted for use in North Dakota “Small Claims Court,” which is a division of the District Court system. Counsel should confirm the current monetary jurisdictional limit (presently $15,000 exclusive of costs) and any local-court form requirements before filing.]
I. DOCUMENT HEADER
STATE OF NORTH DAKOTA
COUNTY OF [COUNTY]
IN DISTRICT COURT
[COUNTY] COUNTY – SMALL CLAIMS DIVISION
Case No. _____
| Plaintiff: [PLAINTIFF FULL LEGAL NAME] | Defendant: [DEFENDANT FULL LEGAL NAME] |
| Address: [STREET, CITY, ND ZIP] | Address: [STREET, CITY, ND ZIP] |
| Phone: [(###) ###-####] | Phone: [(###) ###-####] |
COMPLAINT (MONEY DAMAGES – SMALL CLAIMS)
Effective Date of Filing: _____
II. JURISDICTION & VENUE
- Plaintiff brings this action pursuant to the North Dakota Small Claims Act, N.D.C.C. ch. 27-08.1.
- The amount in controversy is $[AMOUNT] and does not exceed the statutory small-claims limit.
- Venue is proper in [COUNTY] County because:
a. Defendant resides/does business in this county; or
b. The transaction or occurrence giving rise to this claim occurred in this county.
III. PARTIES
- Plaintiff. [PLAINTIFF NAME] is an individual/company with principal residence/business at the address stated above.
- Defendant. [DEFENDANT NAME] is an individual/company with principal residence/business at the address stated above and is subject to personal jurisdiction in this court.
IV. STATEMENT OF CLAIM
- On or about [DATE(S)], Plaintiff and Defendant entered into the following transaction:
• [BRIEF DESCRIPTION—e.g., “Defendant hired Plaintiff to repair a vehicle and agreed to pay $2,300.”] - Plaintiff fully performed all obligations, or performance was excused by Defendant’s breach.
- Defendant failed to pay/perform as promised and is indebted to Plaintiff in the amount of $[PRINCIPAL AMOUNT].
- Despite demand for payment on [DATE(S) OF DEMAND], Defendant has refused or failed to pay.
V. DAMAGES SOUGHT
- Principal Amount …………………………………… $[PRINCIPAL AMOUNT]
- Pre-judgment Interest (if allowable) …………… $[INTEREST]
- Filing & Service Costs …………………………… $[COSTS]
- TOTAL CLAIM (does not exceed $15,000) … $[TOTAL]
[// GUIDANCE: Insert interest only if contract/statute allows. Ensure total remains within statutory cap.]
VI. RELIEF REQUESTED (PRAYER)
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant for:
A. Monetary damages in the total amount of $[TOTAL] plus post-judgment interest at the statutory rate;
B. Court costs and such other relief the Court deems just and proper.
VII. APPEAL RIGHTS NOTICE
[// GUIDANCE: N.D.C.C. § 27-08.1-04 allows EITHER party to demand a new trial in the District Court within 30 days after the small-claims judgment is mailed. Include this notice if required by local rule.]
VIII. VERIFICATION
I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct to the best of my knowledge, information, and belief.
Date: _____
[PLAINTIFF NAME], Plaintiff
IX. CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Complaint was served on Defendant by:
☐ Certified Mail (return receipt requested) or
☐ Personal service via [PROCESS SERVER / SHERIFF]
on the _ day of _ 20___.
[NAME OF SERVER], [TITLE]
X. ATTACHMENTS
• Exhibit A – Written Agreement / Invoice / Promissory Note
• Exhibit B – Demand Letter dated [DATE]
• Exhibit C – Calculations of Damages
[// GUIDANCE: Attach only concise documentary proof. Avoid voluminous exhibits; small-claims judges prefer brevity.]
END OF DOCUMENT
[// GUIDANCE: Review local administrative orders for any mandatory forms or additional disclosures (e.g., military service affidavit, interpreter requests). File the original with the Clerk, pay the filing fee, and retain conformed copies for service and personal records.]