North Dakota · Unpaid invoice

Unpaid invoice in North Dakota small claims

Client won't pay your invoice? Collect it in small claims.

If a client or customer has not paid an invoice for work you delivered or goods you sold, small claims court is a low-cost way to collect. You do not need a lawyer. The strength of your case usually comes down to clear proof: the agreement or terms, the invoice, evidence the work or goods were delivered, and a record of your attempts to collect.

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.

Unpaid invoice: steps that matter

  1. Send a final written demand (a clear statement of what is owed and a payment deadline) and keep proof you sent it.
  2. Gather your contract or written terms, the invoice, delivery/completion proof, and any messages showing the other side accepted the work.
  3. Confirm you are within the statute of limitations below before you file.
  4. File in the correct court for where the defendant is or where the work happened, and keep every date and document together.

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 invoice

An unpaid invoice is usually a contract or account claim. If you had a signed agreement or written terms, the written-contract statute of limitations below typically applies; a purely verbal deal usually falls under the oral-contract period. That statute is the deadline to file, so do not wait too long.

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.)

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.