North Dakota small claims
How to fill out North Dakota's Form 2 (Claim Affidavit)
Official form: Form 2 — Claim Affidavit · Walkthrough written against Form 2, Revised 07/2025
Download the official form — free, from the court
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Get the official Form 2 from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Form 2 — the "Claim Affidavit" — starts a small claims case in North Dakota, where small claims court operates within the district court. It is part of a numbered statewide form set (Forms 1 through 8) published at ndcourts.gov/legal-self-help/small-claims, and its reverse side carries the court's own five-step instructions for filing and serving the claim.
North Dakota small claims covers claims up to $15,000. The form is a single page: identification blocks for the plaintiff and each defendant (including an occupation line for each — unusual among the states), a short statement of the claim with the total amount, and a declaration under penalty of perjury that you sign and date with the county where signed. No notary is required.
Two companion requirements are built into the form's instructions: a Form 8 "Affidavit of Identification" must be completed for each defendant, and the sequence is strict — you file the Claim Affidavit and pay the filing fee before serving the defendant, then serve a specific bundle of forms and file proof of service. The printed Notice to Defendant on the form gives the defendant 20 days to request a hearing or removal to district court.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption and party blocks
County and Case No.
The North Dakota county where you are filing with the Clerk of District Court; the case number is the clerk's.
Plaintiff block — full name, address, city/state/zip, occupation, telephone
Full identifying information for the person (or persons) filing the claim, including an occupation line.
Defendant block — full name, address, city/state/zip, occupation, telephone
The same block for the person you are suing. The instructions require the full name and address of each defendant, and a Form 8 Affidavit of Identification for each one.
The claim
"PLAINTIFF(S) claims the following from the DEFENDANT(S)" — statement lines and TOTAL AMOUNT CLAIMED
The form asks, in its own words, for "a SHORT statement of the claim, reasons for the claims, and the amount you are suing for," with seven ruled lines and permission to attach an additional sheet if necessary. The amount goes in the printed line "TOTAL AMOUNT CLAIMED $___ PLUS COURT COSTS" — court costs ride on top and are not added into the figure.
The declaration and signature
"I declare under penalty of perjury that the foregoing is true and correct." — date, county, signature
The affidavit's teeth: you date the declaration, fill in the North Dakota county where you signed, and sign. The penalty-of-perjury declaration substitutes for notarization.
The printed Notice to Defendant
Request for hearing / removal notice
Pre-printed text below the signature — nothing for you to fill in. It tells the defendant that to contest the claim and request a small claims hearing, or to request removal to district court, they must file Form 3 (Request for Hearing/Removal to District Court) with the Clerk of District Court within 20 days of receiving the Claim Affidavit. The reverse side explains the 20-day count: every day counts, including weekends and holidays, with the deadline rolling forward if it lands on one.
The reverse side — the court's five steps
Steps One through Five
The form's own instructions: (1) complete and sign Form 2, plus a Form 8 Affidavit of Identification for each defendant; (2) return them to the Clerk of District Court and pay the filing fee — which the instructions state is $20 as of July 1, 2025 — before serving the defendant; (3) serve each defendant with a bundle of copies: Form 1 (information), the completed Form 2, blank Forms 3, 4, and 5, and Form 7 (the Small Claims Court Act — the instructions say to keep a copy of Forms 1 and 7 for yourself); (4) complete Form 6, the Affidavit of Service — for certified mail restricted delivery, file it with the signed green return-receipt card, or file the sheriff's certificate if the sheriff serves; (5) if the defendant requests a hearing, the court schedules it 10 to 30 days out and notifies you — appearing at it is required, or the claim may be dismissed and barred from being brought again.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Serving the defendant before filing and paying the fee — the instructions require the Claim Affidavit to be filed and the filing fee paid before service.
- ⚠Skipping the Form 8 Affidavit of Identification — one is required for each defendant in the case.
- ⚠Serving only the Claim Affidavit — the instructions list the full bundle each defendant must receive: Form 1, the completed Form 2, and blank Forms 3, 4, and 5.
- ⚠Not filing proof of service — the Form 6 Affidavit of Service with the green certified-mail return card (or the sheriff's certificate) must be filed with the Clerk of District Court as soon as received.
- ⚠Claiming more than $15,000 — larger claims are outside North Dakota's small claims limit and belong in a regular district court action.
- ⚠Leaving the declaration unsigned or without the county where signed — the penalty-of-perjury block is what makes the document an affidavit.
What filing costs, and where it happens
The filing fee is printed in the form's own instructions: $20 as of July 1, 2025, paid to the Clerk of District Court when you file and before you serve the defendant. Service costs are separate — certified mail restricted delivery through the post office, or the sheriff's or a process server's fee.
You file with the Clerk of District Court in the proper county, then serve each defendant with the required forms and file proof of service. If the defendant requests a hearing within their 20 days, the court schedules it not less than 10 nor more than 30 days after the request and notifies you of the date. The clerk confirms current fees and local practice — verify before filing.
Published fees and court locations for your county are in our North Dakota small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get Form 2?
From ndcourts.gov — the small claims section of the court's Legal Self Help site publishes the full numbered form set (Forms 1–8), and the Form 2 PDF (revised 07/2025) is free and linked on this page.
How much can I sue for in North Dakota small claims?
Up to $15,000. Claims above that belong in a regular district court civil action.
Does the Claim Affidavit need to be notarized?
No — you sign a declaration under penalty of perjury, dating it and naming the North Dakota county where you signed. That declaration is what makes the form an affidavit.
Who serves the defendant?
You arrange it, after filing: certified mail with restricted delivery (filing the signed green return-receipt card as proof) or service by the sheriff or another individual, with the Form 6 Affidavit of Service or the sheriff's certificate filed with the clerk.
What happens after I file and serve?
The defendant has 20 days to request a hearing in small claims court or removal to district court using Form 3. If a hearing is requested, the court sets it within 10 to 30 days and notifies you — the form's instructions warn that a plaintiff who fails to appear may have the claim dismissed and be prohibited from bringing it again.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.