North Dakota · Unpaid personal loan

Unpaid personal loan in North Dakota small claims

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

In North Dakota, small-claims cases are heard in the Small Claims Court (a division of the District Court) and you can sue for up to $15,000.

Good to know: North Dakota's Small Claims Court is "a division of district court," not a separately named court, and it is a less formal process than a regular district court civil case. A key nuance: there is no right to a jury trial and no right to appeal a small claims decision; the only escape route is that the DEFENDANT may remove the entire case to district court (where it becomes an ordinary civil action) within the 20-day response window. On statutes of limitation, North Dakota is unusual: ordinary personal injury (negligence/bodily injury) falls under the SIX-year catch-all of § 28-01-16(5) ("any other injury to the person... not arising upon contract"), NOT the two-year period. The two-year limit in § 28-01-18 applies only to specific torts such as libel, slander, assault, battery, false imprisonment, and malpractice. North Dakota's contract statute does not distinguish oral from written contracts: both are "express or implied" contracts under § 28-01-16(1) and carry the same 6-year period. Note that small claims also has its own threshold separate from the limitations statute: a claim may only be brought if "no more than six years has passed since the date of the debt or date of the last payment."

Unpaid personal loan in North Dakota: local specifics

North Dakota applies the same limitations period to written and oral contracts and to debt claims. Additionally, North Dakota's small claims rules provide that a claim may not be brought if more than six years have passed since the date of the debt or the last payment.

Unpaid personal loan: steps that matter

1. Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
2. Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
3. Send a written demand for repayment with a clear deadline and keep proof you sent it.
4. Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
5. File in the court where the defendant lives or where the loan was agreed to.

Filing your Claim Affidavit (Form 2) in North Dakota

1. Complete the required forms. The Plaintiff completes the Claim Affidavit (Form 2) and the Affidavit of Identification (Form 8), and gathers copies of documents (exhibits) the Plaintiff believes prove the claim.
2. File with the clerk of court. File the completed forms and copies of the exhibits with the clerk of court, and pay the filing fee (currently $20 for filing a claim affidavit).
3. Serve the Defendant. The Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.
4. File proof of service. The Plaintiff files the completed Affidavit of Mailing/Personal Service (Form 6) with the clerk of court.
5. Await the Defendant's response. The Defendant has 20 days to request a hearing or remove the case to district court (Form 3); if the Defendant does nothing, the judge or judicial referee may grant a default judgment on the filed documents.

Filing fees: A filing fee applies to the claim affidavit, and a separate fee applies if the defendant removes the case to district court. Confirm current amounts with the clerk.

Deadline that applies to your unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Written contract: 6 years (N.D.C.C. § 28-01-16)

Answering a lawsuit: 20 calendar days after being served (to request a hearing or remove to district court)

Serving the defendant: The Plaintiff arranges for service of the Claim Affidavit (and five other packet forms) on the Defendant, then files an Affidavit of Mailing/Personal Service (Form 6) with the clerk.

Appeals: No appeal. Small Claims Court decisions cannot be appealed; the decision of the judge or judicial referee is final. (A defendant may instead remove the case to district court within 20 days before a small claims decision.)

All North Dakota small-claims deadlines

The table below lists the filing deadlines Small Claims Court (a division of the District Court) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.

North Dakota small-claims forms for your unpaid personal loan case

These forms are published by the Small Claims Court (a division of the District Court). CaseBySelf can pre-fill them automatically from your case details.

• Claim Affidavit: Starts a North Dakota small-claims case.
• Small Claims Court Information: Explains North Dakota small-claims court procedures.
• All Filing Fee Waiver Instructions and Forms: North Dakota Legal Self Help Center packet for requesting waiver of filing fees in civil or small-claims cases.
• Defendant's Request for Hearing/Removal to District Court: Lets a North Dakota defendant request a hearing or removal to district court.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: North Dakota Court System - Small Claims Court Actions (Legal Self Help Center). Last reviewed 2026-06-23.