Hurt, wronged, or owed money
THINKING ABOUT SUING
What North Dakota law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
6 years
A suit on a contract, injury or fraud
- From
- The claim for relief accrues
Contract claims, liabilities created by statute, injuries not otherwise provided for, and fraud from its discovery are commenced within six years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
6 years
A suit over property taken or damaged
- From
- The claim for relief accrues
An action for taking, detaining or injuring goods, including one to get personal property back, is commenced within six years after the claim for relief accrues.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
A suit on a contract, injury or fraud
- From
- The claim for relief accrues
Contract claims, liabilities created by statute, injuries not otherwise provided for, and fraud from its discovery are commenced within six years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
A suit on a contract, injury or fraud
- From
- The claim for relief accrues
Contract claims, liabilities created by statute, injuries not otherwise provided for, and fraud from its discovery are commenced within six years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the North Dakota guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
180 days
Notice of a claim against the state
- From
- The injury being discovered, or when it reasonably should have been
Written notice of the claim is presented to the director of the office of management and budget within 180 days, or within one year for a serious injury, stating the time, place and circumstances, the employees involved and the amount demanded.
Step 2
3 years
Suing a political subdivision
- From
- The claim for relief accruing
An action against a political subdivision under its chapter is commenced within three years after the claim for relief accrued, except for claims based on a sexual act, which have longer periods.
SMALL CLAIMS COURT
The limit in North Dakota
Up to $15,000
N.D.C.C. § 27-08.1-01 — claims up to $15,000 in an informal hearing, with no appeal
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed North Dakota attorney.