Q A& COMMON QUESTIONS about small claims court

Lawsuits can be time-consuming and expensive endeavors. This is why North Dakota allows parties to litigate claims for smaller amounts of money in what is referred to as “small claims court.” Here are answers to some of the most common questions I receive regarding small claims court in North Dakota:

Q:

What is the maximum amount of money a party can sue for in small claims court?

A: $15,000.

Q:

Do I need an attorney to represent me in small claims court?

A:

No. One of the major advantages to small claims court is that a party does not need an attorney to represent him/her. The judge/judicial referee will assist both parties in the presentation of their respective case. However, a party is allowed to be represented by an attorney if they so choose.

Q:

What are the other advantages to small claims court?

A:

The other main advantages of small claims court is that the process is quick and inexpensive. Once a party commences its small claims court action, the opposing party will have twenty days to respond.

If the opposing party responds and requests a hearing, a hearing will be held within 10-30 days of the request. This hearing is the opportunity for the parties to present their cases. The judge will either make a decision at the hearing or soon after. Altogether, the small claims court process takes approximately two months from start to finish. Conversely, an action in district court typically takes nine months if not much longer.

Q:

Are there any disadvantages to going to small claims court?

A:

In small claims court, the parties’ case will be heard by a judge or judicial referee. Parties do not have a right to a jury trial in small claims court. Parties do not have the ability to appeal the decision of the judge/ judicial referee. Parties also do not have the ability to conduct discovery (ask for documents from the opposing party or take a deposition) in the small claims court process. Finally, depending on the county, parties may be provided with only a short amount of time to present their cases.

Q:

Can a defendant remove the case to district court?

A:

Yes. A defendant (the party being sued) may remove a case to district court within certain time limitations. However, if a defendant removes a case to district court, the defendant must pay the plaintiff’s attorney fees if the plaintiff prevails at trial. This is often a strong deterrent for defendants to remove small claims cases to district court.

Q:Where can I find the appropriate forms for a small claims court action?

A:The North Dakota Supreme Court website provides all the necessary forms along with various instructions for small claims court actions on its website. These forms and directions can be found at: http://www.ndcourts.gov/ndlshc/ SmallClaims/SmallClaims.aspx

IAN R. McLEAN

This article was written and prepared by Ian R. McLean, an associate attorney with the Serkland Law Firm in Fargo, North Dakota. He concentrates his practice in the areas of general commercial litigation, insurance defense litigation, estate litigation, legal malpractice and education law. For more information, call 701232-8957, email imclean@serklandlaw.com or visit serklandlaw.com.

This article should not be considered legal advice and should not be relied upon by any person with respect to his/her specific situation.

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