§ 27-08.1-03 — Informal hearing - Answer and counterclaim - Filing and service fees - Examination of debtor

North Dakota § 27-08.1-03

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

Text

Examination of debtor.
No formal pleadings other than the claim affidavit and order for appearance may be
required, and the hearing and disposition of actions must be informal. A court reporter is not
required to be present to take the testimony unless arranged for and paid for by one of the
parties to the action. The defendant may file an answer, and file a claim affidavit setting forth
any new matter constituting a counterclaim, not to exceed fifteen thousand dollars, which must
be served upon the plaintiff by a person of legal age, not a party to or interested in the action, or
mailed to the plaintiff by certified mail, not later than forty-eight hours before the hearing set for
the appearance of the defendant. The compulsory counterclaim rule does not apply to
counterclaims in excess of fifteen thousand dollars. At the hearing, the plaintiff and the
defendant may appear without counsel. The court will conduct the proceedings and may make
its own inquiry before, during, or after the hearing. After the court has found that money is owing
by any party to the proceeding, the court may, in the presence of the prevailing party, inquire of
the debtor as to plans for payment of the debt. The court may examine the debtor concerning
the property owned by the debtor, at the hearing, as would be made under chapter 28-25. The
examination may be made without first having issued an execution against the property of the
debtor and without further notice as otherwise provided in chapter 28-25. A trial by jury is not
allowed in small claims court. A fee as prescribed in subdivision c of subsection 1 of section
27-05.2-03 must be charged for filing the claim affidavit.