If you have been sued for debt in North Dakota, you have a short window to act. Ignoring the lawsuit will not make it go away. In fact, silence is the fastest way to lose your money.
When you ignore a Summons, the court grants a default judgment against you. This gives debt collectors the power to garnish your wages and freeze your bank accounts. You can stop this process by filing a simple legal document called an Answer.
Create your court-approved North Dakota Answer in 15 minutes with DebtAegis
1. The 21-Day Deadline
Time is your most important asset right now. In North Dakota, the clock starts ticking the moment you are served.
- District Court (Most Cases): You have 21 days to file your Answer.
- Small Claims Court: You have 20 days to file your Answer.
The “Weekend Rule”: If your deadline falls on a weekend or legal holiday, you have until the end of the next business day to file.
2. North Dakota Filing Fees
Unlike some states where filing is free, North Dakota charges a fee for standard civil cases.
- District Court Fee: The standard filing fee is $50.00.
- Small Claims Court: There is typically no fee for the defendant to file an Answer.
- Fee Waivers: If you cannot afford the $50, you can ask the court to waive it by filing a “Petition for Waiver of Fees.” You must prove your income and expenses to qualify.
3. How to Respond (3 Simple Steps)
Responding does not require a law degree. It requires following a specific procedure. Here is the process.
Step 1: Create Your Answer
Do not write a letter explaining your life story. The court only wants to know your legal response to the claims against you. You must Admit, Deny, or claim “Lack of Knowledge” for each paragraph in the Complaint.
You should also assert Affirmative Defenses. These are legal reasons why you should not pay, even if the debt was originally yours (e.g., the debt is too old, or you were a victim of identity theft).
Step 2: File with the Court
Once your Answer is signed, you must file it with the Clerk of Court listed on your Summons. You will need to pay the $50 fee at this time unless you have a waiver.
Step 3: Serve the Plaintiff
This step is often forgotten. You must mail a copy of your filed Answer to the debt collector’s attorney. We strongly recommend using USPS Certified Mail so you have proof of delivery.
4. The Statute of Limitations
In North Dakota, debt collectors cannot sue you forever. If a debt is too old, it is “time-barred.”
- Credit Card Debt: 6 years.
- Medical Debt: 6 years.
- Personal Loans: 6 years.
- Contracts: 6 years.
Warning: If you make a partial payment or acknowledge the debt in writing, you may accidentally restart this 6-year clock.
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You do not need to hire an expensive attorney to protect your paycheck. You just need the right paperwork.