Small claims · ND
North Dakota small claims court for diminished value claims
In North Dakota, small claims cases are heard in Small Claims Court (a division of District Court), which handles claims up to $15,000. If an insurer will not pay a diminished value claim and the amount is within the limit, this is where an owner can sue the at-fault driver. You bring the evidence, and the judge decides.
Court
Small Claims Court (a division of District Court)
Claim limit
$15,000
Attorneys
Allowed, not required
Deadline to sue
6 years
North Dakota courts
How small claims court works in North Dakota
- Claim limit
- $15,000. Claims are limited to recovery of money (or canceling certain agreements) of $15,000 or less. Choosing small claims court is irrevocable for the plaintiff. N.D. Cent. Code § 27-08.1-01(1).
- Where to file
- For a claim against an individual, file in the county where the defendant lives; against a corporation, LLC or partnership, in a county where it has a place of business or where the subject of the claim occurred (§ 27-08.1-01(2)).
- Attorneys
- The statute says the parties may appear without counsel; it does not bar attorneys.
- Filing fee
- $20 filing fee, plus the cost of serving the defendant
- Appeals
- There is no appeal: the plaintiff waives it by filing in small claims court, and the defendant waives it unless the defendant removes the case to district court, which must be elected within 20 days of service (§§ 27-08.1-02, 27-08.1-04).
Who you sue
Ask the Small Claims Court (a division of District Court) clerk how to name the defendant. In most states that is the at-fault driver, not the insurance company.
Diminished value law in North Dakota
A claim against the at-fault driver in North Dakota: limited. The general deadline to sue for vehicle property damage is 6 years (N.D.C.C. § 28-01-16(4)). The cases and statutes are on the North Dakota diminished value page.
What to bring
See using an appraisal in small claims court for the evidence list and what to ask the Small Claims Court (a division of District Court) clerk.
Sources
- N.D. Cent. Code § 27-08.1-01(1)
- North Dakota Court System: Small Claims Court Actions
- N.D.C.C. § 28-01-16(4)
Researched October 11, 2026. General information from an appraisal perspective, not legal advice.
Evidence
An appraisal for a North Dakota claim
A North Dakota diminished-value appraisal is typically $250–$350 and comes with a custom demand letter. Autoloss is not a law firm and does not represent you in court.
North Dakota small claims questions
What is the small claims limit in North Dakota?
$15,000 in Small Claims Court (a division of District Court). Claims are limited to recovery of money (or canceling certain agreements) of $15,000 or less. Choosing small claims court is irrevocable for the plaintiff.
Do I need a lawyer for small claims court in North Dakota?
The statute says the parties may appear without counsel; it does not bar attorneys.
How long do I have to sue in North Dakota?
North Dakota generally allows 6 years to sue for vehicle property damage (N.D.C.C. § 28-01-16(4)). Talking with the insurer does not pause the deadline.
Can a North Dakota small claims decision be appealed?
There is no appeal: the plaintiff waives it by filing in small claims court, and the defendant waives it unless the defendant removes the case to district court, which must be elected within 20 days of service (§§ 27-08.1-02, 27-08.1-04).
Taking a North Dakota claim to court?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.