§ 27-08.1-02 — Commencement of action - Claim affidavit

North Dakota § 27-08.1-02

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-08.1: Small Claims Court

Text

Actions in the small claims court are commenced whenever any person executes and files
with the court a claim affidavit, and causes the affidavit to be served by a person of legal age,
not a party to or interested in the action, on the defendant or mails it to the defendant by
certified mail with restricted delivery along with a form upon which the defendant must indicate
whether a hearing is requested and whether the defendant elects to remove the action to district
court. If, within twenty days of service of the affidavit and form, the court has not received a
request for a hearing or an election to remove to district court, or if the defendant indicates that
a hearing is not requested, a hearing will not be scheduled and judgment may be entered
against the defendant by default. If the defendant requests a hearing in small claims court, the
hearing must be not less than ten days and not more than thirty days after receipt of the
request. Except for an action under subdivision e of subsection 2 of section 27-08.1-01, the
mailing or personal service may be made anywhere within the state. Forms used in small claims
court actions must be approved by the state court administrator and obtained from, or at the
direction of, the clerk of district court or in electronic form from the supreme court.