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How to Answer a Summons for Debt Collection in North Dakota

Written by George Simons, JD/MBA · Edited by Hannah Locklear
Last updated on May 1, 2026

Summary: You have 21 days to respond to a summons in North Dakota (20 days for small claims cases). To respond, file a written Answer and pay the $50 court filing fee. Send a copy of it to the plaintiff, aka the opposing attorney. In your Answer, address each claim against you and list your defenses. SoloSuit's Answer form is ideal for North Dakota cases and takes minutes to fill out online.

If you live in North Dakota and were served with a summons for debt collection from a creditor or debt collection agency, you are probably feeling anxious and worried about what to do next and the ramifications of this lawsuit.

Individuals being subjected to harassment and litigation by debt collectors is, unfortunately, quite common in North Dakota. Why? Because state law authorizes creditors to turn over accounts with revolving balances to debt collectors, even when someone is consistently making monthly payments towards the debt.

If you are tempted to simply ignore the debt collector's lawsuit, disavow the temptation and prioritize taking action. Why? Because ignoring the summons for debt collection will likely result in the debt collector obtaining a default judgment against you. If that happens, the debt collector will be empowered to seize your assets and garnish your wages. Do not allow this to happen. Be proactive and draft an Answer to the debt collector's Complaint.


When a defendant files an Answer, it provides a formal response to the allegations contained within the Complaint. You can admit to some, or all, of the allegations. You can deny some, or all, of the allegations. You can also advise the court that there is insufficient information to admit or deny.

Another proactive step you can take in responding to the debt collector's Complaint is filing a counterclaim. This option may be viable if you believe the creditor or debt collector violated the law, such as the Fair Debt Collection Practices Act.

In this guide, we'll show you everything you should know about how to respond to a North Dakota summons for debt.

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Table of Contents

North Dakota's deadline to answer a summons is 21 days

According to North Dakota debt collection laws, you must file a written response within 21 days after receiving a debt collection claim. If it's a small claims case, you have 20 days to respond. If the 21st day after being served is a weekend or holiday, the deadline extends to a subsequent day that isn't a weekend or holiday. If you fail to answer after 21 days, the plaintiff can go ahead and apply for default judgment without informing you.

The summons for debt collection lists all the claims made against you by the debt collector and indicates what would happen if you miss the deadline to respond.

Failure to respond within North Dakota's deadline may lead to a default judgment. A default judgment puts your assets and income at risk if the debt collector enforces the judgment through wage garnishment. A judgment can also mpact your credit score negatively.

Appearing in action can be as simple as writing to the plaintiff or verbal communication with the plaintiff. Receiving a debt collection summons does not determine a civil action; it's your Answer that determines how the lawsuit will move forward.

Avoid a default judgment by filing a response with SoloSuit.

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Use these North Dakota answer to summons forms

Before answering a debt collection summons, check with the North Dakota Department of Financial Institutions if the debt collector has a valid license. After confirming that the debt collector is legit, make plans to draft an Answer to the lawsuit. Below, we share some forms that you will find useful during this process.

SoloSuit's Answer form

SoloSuit uses technology to help consumers, like you, respond to their lawsuits. Log on and answer questions about your debt lawsuit, and SoloSuit's software will draft a personalized Answer for you and help you file it with the court and send a copy to the plaintiff.

This form will help you simplify the process and avoid oversharing, which can ultimately hurt your case and could result in a judgment against you. Plus, the SoloSuit's Answer form is properly formatted for court filings and contain legal language that ensures you are defending your rights and responding sufficiently.

North Dakota Answer templates

North Dakota's judicial department also provides Ansnwer templates that can simplify the process of responding to a summons there. Check which court has jurisdiction over your cases, and use one of the following templates:

These forms are approved for filing in North Dakota, but the downside to using these templates is that you have to fill out everything on your own and determine what wording you will use to defend your case. This is why, in many cases, using SoloSuit's Answer form is easier and more effective.

The court deems failure to deny a given claim as admittance to the claim. In most cases, it's best to present your defense to the claims made by the debt collector in short and plain statements. If you choose to file a counterclaim, it needs to meet the requirements of a formal complaint. You'll have to file the counterclaim together with your Answer to the plaintiff's complaint.

You should deliver the Answer documents to the plaintiff within 21 days (20 days for small claims cases) after receiving a debt collection claim. The state district court ascertains the period by checking the proof of service documents stating when, where, and how the plaintiff served the debt collection summons.

Use SoloSuit to respond to debt collection lawsuit fast.

The Answer may include some or all of the following:

  • Admission of facts alleged by the debt collector.
  • Denials of allegations made by the debt collector.
  • Affirmative defenses.
  • Counterclaims or cross-claims against the debt collector.

Pay the fee to file an Answer in North Dakota

You'll pay a filing fee of $50.00 to file your Answer in North Dakota if your case is in District Court, which most debt collection lawsuit in North Dakota are. If your case is in small claims court, there is no feed.

If you can't afford to pay the filing fee, fill out a fee waiver request and submit it to the court with your Answer.

You must indicate your assets, liabilities, income, and expenses when filling the waiver request form to ascertain you're unable to afford the filing fee. Also, ensure you file the waiver request simultaneously with your Answer, affidavit of service, and confidential information form.

Make the right defense the right way with SoloSuit.

Steps to respond to a debt collection case in North Dakota

Your debt collection case begins as soon as you receive a summons and complaint from the debt collector. This explains why you need to respond with your defense to the complaint as soon as you receive it. You can choose either of the options listed below after the debt collector serves you with a summons:

  • Serve an Answer to the complaint.
  • File a motion to dismiss the case.
  • Contact the debt collector about settling the debt.
  • Consider bankruptcy options.

If you choose to file a motion to dismiss the case, you must file it before serving an Answer. This option applies if you do not believe you were properly served with the summons. The motion may delay the formal answering of the complaint unless denied by a judge. If the judge denies the motion to dismiss the case, you'll need to serve and file your Answer to the court and plaintiff as outlined in the steps below:

  • Create your Answer document
  • Answer each issue raised in the complaint
  • Assert affirmative defenses
  • File the Answer with the court and serve the plaintiff

Now, let's take a closer look at each of these steps.

1. Create your Answer document

The Answer document includes relevant information from the summons and complaint documents served by the plaintiff. You can use sample answer documents or create your document that follows a specific format. The document must include your personal information, plaintiff information, and court information.

2. Answer each issue raised in the complaint

To do this, you need to respond to every issue raised by the plaintiff in the complaint document. Read every paragraph carefully and respond by either admitting to the issues raised, denying specific issues, or indicating you don't have enough information to respond to the complaints.

Respond to debt collectors with SoloSuit and win your case.

3. Assert affirmative defenses

By asserting affirmative defenses, it means you wish to introduce evidence that would prevent the debt collector from winning the case if found to be credible. For instance, to win a debt collection case by the affirmative defense, you need to prove you do not owe the plaintiff any amount or the amount you owe the plaintiff is less than what they stated in the complaint.

Note that you cannot use the inability to pay the debt as an affirmative defense to your case. Some examples of affirmative defenses that apply to debt collection civil actions in North Dakota include:

  • The court doesn't have subject-matter jurisdiction to handle your case: If you can prove that the court lacks subject matter jurisdiction, the court can dismiss the entire case, and even if the judge renders judgment, it won't be binding. A lack of subject matter jurisdiction means that the court does not have the power to handle that kind of case.
  • The plaintiff didn't serve the summons and complaints properly: If the plaintiff did not follow due process when serving you the summons and complaint documents, you can delay the entire process and buy more time to argue your case.
  • It's a case of identity theft or mistaken identity: This scenario happens when the plaintiff makes a mistake and sends a debt collection summons to the wrong person. The mistake could be due to an error in their records or identity theft that led to someone else taking debt in your name.
  • You cleared the debt in full: If you can prove that you paid the debt in full, you'll easily win the case. To prove these, you may present copies of transactions or other relevant documents before the court.
  • Partial payment was accepted as full payment for the debt: If you have proof of payment to show that the creditor received a certain amount and accepted it as full payment, you can convince the court and evade paying the debt in question.
  • The debt is subject to bankruptcy hearing: If your bankruptcy application was successful and the court discharged the debt as part of the case, the plaintiff cannot sue you for a debt that was part of the bankruptcy case. If you can prove that, then you can easily win the case.
  • Claim already decided in a different court: The plaintiff cannot sue you for a debt that is already litigated in another court case. You can easily win the case if you have the case number of the previous hearing, the date, and the state where the case was heard.
  • The statute of limitations has expired: If the plaintiff did not serve you a debt collection summons within the statute of limitation, then you have a right to use it as an affirmative defense. A Statute of Limitations is a law that sets a certain amount of time that parties involved in a dispute have to begin a legal proceeding. The time usually starts from the date of the alleged offense to the set deadline.
  • You are an active duty member: If you're on active military service or released from active duty for not more than 90 days, you can ask the court to stop the case because you cannot participate in it.
  • No proof of debt ownership: Some debt collection cases involve situations where the plaintiff buys the debt from a creditor. For this reason, you can compel the plaintiff to prove ownership of the debt.
  • Wrong debt amount: If there is an error in the total amount owed, you may not win the case, but you might pay less money than the initial amount indicated on the summons.

Make the right defense the right way.

4. File the Answer with the court and serve the plaintiff

You need to arrange the delivery of answer documents to the debt collector within 21 days after receiving the summons and complaint. The Answer can be physically handed over to the court and plaintiff or mailed to them.

Alternatively, you can let SoloSuit prepare your answer document, which is faster and easier. Did you know that 90% of Americans in debt do not win their cases because they do not know how to respond to a debt collection summons? This explains why it is a great idea to use SoloSuit!

SoloSuit can help you file your Answer in North Dakota and any other state.

To learn more about these three steps and how to answer your Summons for debt, watch the following video:

Statute of limitations on debt in North Dakota

The statute of limitation is the deadline set by North Dakota for debt collectors to sue someone over a debt. The North Dakota statute of limitations on debt is six years for most types of debt. So, if you haven't made any payments on an account for more than six years in North Dakota, lawsuits are time-barred on that debt and you are no longer liable to pay it. This is all outlined in North Dakota law under N.D. CENT. CODE §§ 28-01-16.

Here's a table that outlines the different statutes of limitations on debt in North Dakota:

Statute of Limitations on Debt in North Dakota
Debt Type Deadline
Breach of contract 4 years
Credit card 6 years
Medical 6 years
Student loan 6 years
Auto loan 6 years
Personal loan 6 years
Mortgage 10 years
Judgment 10 years
Source: N.D. Cent. Code § 28-01-15, § 28-01-16(1), and § 41-02-104

Also, bear in mind that the court can review the statute of limitation period if you're on active duty in the military, filed a bankruptcy case, or were absent from the North Dakota state.

The statute of limitation clock restarts afresh when you make a partial payment for the debt, or provide a written acknowledgment of the debt.

Debt collection laws in North Dakota protect consumers

North Dakota allows creditors to pursue debtors for failed payments. They can call, send letters, and sue to recover their money. Nonetheless, they must do so within the limits of set laws and rules to avoid overstepping consumers' rights.

For its residents, North Dakota debt collection laws regulate such actions and protect consumers from unfair treatment.

How the law protects you

The laws provide a legal framework for resolving debt without infringing on either party's rights.

The North Dakota Century Code Title 13-05 is the state's primary source of debt collection laws. It regulates debt collection practices and presents legal remedies when violations occur.

The law prohibits the following unfair, deceptive, and abusive practices:

  • Harassment
  • Threats
  • False representation
  • Misleading statements

It also requires the creditor to provide information on a debt whenever they receive a written request from the debtor. They must furnish information such as the amount, the original creditor's name, and the debt's verification.

When there are violations, consumers can seek legal action. They may file a complaint with the North Dakota Attorney General's Office or obtain legal representation to pursue a lawsuit. Proven violations can result in fines, penalties, and a debt collector's license revocation.

North Dakota debt collectors must have licenses to operate

The Flickertail State requires every debt collection agent and agency to carry an active license to operate lawfully. The agent or agency must be bonded with the government. If found to be non-compliant, they may be subject to a felony charge.

Debt collectors cannot sue for old debts

Debt Collection Rule governs communication with debtors

The CFPB's Debt Collection Rule also applies in North Dakota and controls how a debt collector may communicate with consumers.

What if a debt collector violates your rights in North Dakota?

Unfortunately, this is not uncommon. Knowing your rights is the first step to defending them, but here are some other things you can do if you feel like your consumer rights were violated by a debt collector in North Dakota:

  • Collect evidence such as letters, emails, and voicemails.
  • Review your rights: Review the FDCPA guidelines to double-check that a violation has occurred.
  • Contact the debtor: You may contact the debt collector, air your grievances, and ask for a resolution.
  • File a complaint: You can do so with the North Dakota Attorney General's Consumer Protection Division or the Consumer Financial Protection Bureau (CFPB).

Always keep records at every step so you can back your claims later.

Use SoloSuit to settle delinquent accounts

Remember, you don't have to put up with debt collection calls and wait passively for a debt collector to take you to court, obtain a judgment, and start garnishing your wages. You can settle a debt for less using SoloSettle.

How to settle debt in North Dakota

Defaulting on consumer debt happens to the best of us. You plan well and work hard, but suddenly, life changes, and you cannot keep up with your once-automated payments.

If that happens to you in North Dakota and you suspect your financial shortfall it will continue for a while, debt settlement can be your way out. You can settle debts at any stage of a lawsuit, so don't give up if you already have a Summons.

This information uncovers the most straightforward and affordable ways to settle debt in North Dakota while avoiding the all-too-common scammers.

Follow these three steps to settle debt in North Dakota

Preparation is critical when planning to request debt settlement. Remember, you are asking a creditor to forgive some of their money, and they will need motivation. Here are three steps to follow to respond to North Dakota summons:

Step 1: Respond to existing debt collection lawsuits.

The first step to settling an account is ensuring you respond to related lawsuits. If you don't, the creditor may not be motivated to settle because they may be anticipating a default judgment. You have 21 days to respond in North Dakota for a chance to defend yourself.

Upon service, you should carefully read the Complaint document. It contains the debt collector's accusations and how much you owe. You must respond to every complaint and ensure you file it in court within the deadline.

Step 2: Analyze your finances and make an offer to settle.

The money you have available to make an offer equals your savings plus expected earnings minus expenses. Taking a close look can reveal how much you can afford.

When dealing with original creditors, we recommend a 60% initial offer. If you cannot afford that much, offer what you can and explain why.

Negotiations take time and may go through several rounds. Be ready to go up when necessary, but only agree to what you can afford. Offering to pay money you do not have puts you at a risk of missing the payment deadline, which will likely take you back to the lawsuit.

Step 3: Get the agreement in writing.

A debt settlement agreement records your deal. Ensure it contains the amount you should pay, when it is due, where you will send the money and the payment method. It should also cleary indicate the creditor's acceptance to forgive the debt and drop the lawsuit. Both of you should sign and date the agreement. You may also want the document notarized to add a layer of credibility.

You can negotiate debt settlement yourself or hire a debt settlement company.

Learn more about these three steps in the following video:

Debt settlement companies in North Dakota

To avoid scams, use only legitimate companies. Below are a few trustworthy debt settlement service providers.

  • Pacific Debt Relief: You must have at least $7,500 in debt to work with this company. Their charges range between 15 and 25% of the value of the debt they help you settle.
  • Freedom Debt Relief: Fees are between 15% and 25% of the total value of the debt. Most consumers complete the program within two to four years.
  • Accredited Debt Relief: The program lasts an average of two to four years, and fees range between 15 %and 25%.
  • SoloSuit: SoloSuit uses SoloSettle to make offers, negotiate, and settle debts with creditors online. It is free to start and costs a percentage of the debt's face value, which you only pay upon settlement.

After settling a debt, you may notice a drop in your credit score. The drop happens because the creditor reports the account as paid-settled instead of paid in full. It will last a while but goes away eventually.

You can check the status of your North Dakota court case to stay informed and better prepare yourself for upcoming trials and further legal action that you must take. According to the North Dakota Constitution under Section 6, Article XI, the public should be able to access court case records.

All debt collection cases are publicly accessible online. You need the case number or the creditor's name suing you to search. You can find case numbers by going to the North Dakota online platform, selecting a location, and entering your full name, attorney or the creditor's attorney's name and bar number, the court, and the case filing date. Confirm attorney's names online.

North Dakota's court system

The following is an overview of North Dakota's court system and the case each level handles.

  • Supreme Court–the state Supreme Court hears appeals from the Temporary Court of Appeals.
  • Temporary Court of Appeals–the Temporary Court of Appeals hears appeals of cases from the District Courts.
  • District Court–handles small claims for cases up to $15,000 and all civil cases.

Find your court case another way.

Aside from the online public access tool, you may find your court case by doing one of the following:

Visiting a court public terminal: Most courthouses in North Dakota have installed public terminals where you can access and print court documents.

Calling the court clerk: If you cannot find a case online, call the clerk. Their phone numbers are in the North Dakota court directory.

If your search confirms a lawsuit against you, act first by filing the Answer before the deadline.

Stop wage garnishment in North Dakota

A wage garnishment notice is news no one wants to receive. However, debt collectors are out finding every means to collect debt. If you are facing wage garnishment, you are not hopeless. North Dakota laws limit how much employers can withhold to pay creditors.

You should keep at least 75% of your disposable income, or 40 times the federal minimum wage each week (40x7.25 = $290). You can also take advantage of exemptions and dispute an irregular garnishment.

Wage garnishment laws in North Dakota

North Dakota wage garnishment is governed by state and federal laws, including the Consumer Credit Code of North Dakota (Chapter 32-09.1 GARNISHMENT) and the Federal Consumer Credit Protection Act (CCPA).

The law (pdf) stipulates the following:

  • Eligible debts: Consumer debts, such as credit card debts, student loans, personal loans, and medical bills, qualify for wage garnishment.
  • Amount restrictions: As mentioned, the garnishable amount should be the lesser of 25% of your disposable earnings or your weekly disposable earnings, less 40 times the federal minimum hourly wage.
  • Head of household protection: Consumers who provide more than half for a dependent have more exemptions.
  • Notice of the garnishment: A creditor must notify the debtor ten days before a Summons is issued to the garnishee (the employer) of their intent to garnish wages.
  • Employer (garnishee) responsibilities: Employers must honor a wage garnishment order and give employees a copy and information about their rights as debtors.

Thanks to these laws, creditors cannot leave you penniless. You should be able to get by no matter how deep in debt you are.

How to object to a wage garnishment

You may formally challenge the garnishment order for the following reasons:

  • The debt is not valid, or the amount is wrong
  • Your income is exempt from garnishment
  • The creditor violated your rights or did not give the notice in good time
  • The amount exceeds the legal limit in North Dakota

You can file a claim of exemptions if your wages fall below the poverty line, are your family's primary source of support, or are part of income protected from garnishment by the government.

Negotiate a garnishment

You can negotiate better ways to resolve a garnishment if the regular deductions strain your finances. Your creditor may accept a one-time full payment. This option saves you and your employer constant work and additional costs to process garnishment every payday.

SoloSettle offers an online, interactive tool for consumers to use when negotiating with creditors.

How to get debt relief in North Dakota

Many consumers suddenly find themselves drowning in debt due to unexpected job loss, unplanned medical bills, the death of a provider, or other financial emergencies.

Although seeking debt relief in North Dakota is appealing, many consumers fear taking the first step due to the prevalence of scammers. Thankfully, you can find trustworthy debt settlement solutions.

Identify and avoid scammers

Being in debt can be so frustrating and stressful that consumers fail to notice warning signs when seeking help. But this is the time you should be the most alert. Watch out for these indicators in any debt relief agent:

  • Refuses to give you their details
  • Doesn't want to sign a contract
  • Wants a down payment before they provide any services
  • Pressures you to decide quickly

In North Dakota, debt relief companies can ask for a maximum $50 origination fee and only take up to 15% as their partial payment. The company should pay the remaining money you remit to the creditors within 45 days.

The North Dakota Department of Financial Institutions offers more information on debt relief laws.

Settling debt can bring relief

If you have hit hard financial times, you know how stressful debt collection calls and letters can be, especially if you know they'll keep coming for a while.

Debt settlement stops the back and forth with collectors, the creditor forgives the remainder of the debt, and you get time to concentrate on healing.

Even though debt settlement companies charge for their services, you can save much money if they help you reach a fair settlement amount.

Debt settlement companies have different strategies, but the process takes this general shape:

  1. You contact the agent and explain your financial situation
  2. You agree to work with them
  3. You make payments to a savings account that the agency controls
  4. After accumulating a substantial amount in the account, the company contacts your creditors with an offer
  5. If successful, the debt settlement company pays the creditor and themselves for their services

Even though not all creditors will accept a request to settle, it is worth trying.

Settle the debt

Debt settlement may be your best option for debt relief.

North Dakotans can use SoloSettle to make an offer to settle and open up the proverbial debt settlement floor for negotiations. This is an online and digital approach to debt settlement, so you'll be in control of sending and receiving offers until a an agreement is reached.

Utilize North Dakota's debt relief and financial assistance programs

North Dakota has programs to assist you while you recover from financial setbacks. If you qualify, you get financial assistance to care for yourself and your family at this difficult time.

North Dakota legal aid organizations

Legal aid organizations in North Dakota provide free legal services to residents who can't afford to pay for legal assistance. The Legal Services of North Dakota is an example of such an organization.

Key takeaways

When you receive a debt collection summons, the best thing to do is respond to it by serving an Answer to the court and plaintiff. You can use SoloSuit to draft your Answer, which is easier and faster, or respond as outlined in the procedure below:

  1. Create an Answer Document
  2. Answer each issue of the Complaint
  3. Assert affirmative defenses
  4. Submit the Answer to the court and plaintiff

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