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The North Dakota court system has three tiers handling different cases. The Supreme Court is the highest in this state. It can hear appeals from criminal, civil, writ, and administrative agency cases.
Unless otherwise specified by law, the North Dakota District Courts have exclusive jurisdiction over most civil cases. Also, they are in charge of the Juvenile Courts, which hear cases involving children.
In other civil cases, except for small claims brought to North Dakota District Court, the amount of money you can ask for in damages is limitless. But if you want to sue, you must do so within certain time limits.
For cases involving broken contracts, you must file the lawsuits within four to six years of the offense. You have two years to file a suit for libel, but you have six years to file for a personal injury case.
Each of the 53 municipalities in this state has one District Court and is administratively organized into eight judicial districts.
North Dakota's judicial system also consists of Municipal Courts. These courts have jurisdiction within the cities where they operate and hear cases concerning violations of municipal ordinances.
Can you get access to North Dakota Civil Court Records? Under Section 6, Article XI of the North Dakota Constitution, you can see and make copies of these records in the state.
What Are North Dakota Bankruptcy Records?
In North Dakota, bankruptcy is a legal process that people, companies, and other groups can use to remove their debts or get help.
Bankruptcy is a federal court proceeding with lasting financial and legal ramifications. It allows debtors to start over by selling their assets or creating a repayment plan.
It also safeguards businesses that are having trouble and ensures that creditors get paid on time by reorganizing or shutting down the business.
In this state, there are three main types of bankruptcy filings, which are:
Chapter 7 Bankruptcy
In North Dakota, a person who files for this type of bankruptcy must sell the non-exempt property to pay off debts in a legal way.
Chapter 7 bankruptcy is a quick and easy way to clear debt, but it can also lead to the loss of assets and the end of business operations. When a debtor files for this type of bankruptcy, the court automatically stops creditors from collecting.
To qualify for this type of bankruptcy, the debtor must pass the means test, which looks at the debtor's income, family size, and expenses.
In this state, information about a Chapter 7 bankruptcy case is open to the public unless expunged or sealed.
Chapter 11 Bankruptcy
This sort of bankruptcy filing in North Dakota is difficult, expensive, and time-consuming. But it lets a debtor keep running their business, do trustee duties with court permission, and borrow more money.
In this type of bankruptcy, the debtors must devise a plan to pay back their creditors. The program recommends how the debtor can sustain business operations, generate more revenue, keep possessions and properties, borrow money, and pay creditors.
Chapter 11 bankruptcy case records are public in North Dakota unless ordered, sealed, or expunged.
Chapter 13 Bankruptcy
North Dakota workers with consistent income can file this sort of bankruptcy to create repayment schedules.
Under Chapter 13 bankruptcy, the debtor can restructure their debt to repay their creditors in more manageable payments over the following three to five years.
Chapter 13 bankruptcy cases are open to the public unless sealed or expunged.
Other than Chapters 7, 11, and 13, there are three more ways to file for bankruptcy in North Dakota. These are Chapters 9, 12, and 15.
How To Find North Dakota Bankruptcy Records?
The United States Bankruptcy Court, District of North Dakota, creates and keeps bankruptcy records in this state.
You can often get these records by asking at the court clerk's office or going online to sites like Public Access To Court Electronic Records (PACER). This system allows you to sign up quickly and find electronic North Dakota Bankruptcy Records.
As a public access channel, PACER lets anyone, including members of the public, get case and docket information from the state's Bankruptcy Court.
To efficiently use PACER, you must know information such as the location of the court and the filing number.
Also, if you want these records on hand, you can go to the bankruptcy clerk's office or call them to discover the options available for getting physical bankruptcy court records.
In addition, individual bankruptcy courts separately and locally keep their court case information. As such, you can use the court's filing system to look at bankruptcy records specific to that state's bankruptcy court.
To use this database, you must first sign up for an account.
On North Dakota Bankruptcy Records, you can anticipate the following information:
- List of all the debtors and creditors
- Filing date
- The number of a case or file
- The person in charge
- Case type or chapter in a bankruptcy
- Docket information or a summary of proceedings
- The city and county that handled the bankruptcy case
What Are North Dakota Property Lien Records?
North Dakota Civil Court Records include property liens, which a creditor uses to compel payment.
Property liens are part of business deals and contracts in this state. They force the owner of a piece of property to pay off any outstanding debts.
Property liens can be in different forms, but the most common types you can find in North Dakota Property Lien Records are the following:
Judgment Lien
A judgment creditor will often start this type of property lien by filing a complaint with the North Dakota court that has jurisdiction over the property.
Once attached to a property, the creditor can seize an obligated party's assets. However, the state of North Dakota produces a list of non-exempt properties that may be subject to this type of property lien.
A judgment lien on real estate in this state usually stays for ten years.
Mortgage Lien
This sort of lien applies to prospective purchasers who wish to qualify for credit or a loan.
In this state, mortgage liens provide that upon repayment of the obligation, the house, car, or other asset belongs to the debtors. However, the debtor may lose the property if they don't pay.
UCC Lien
In North Dakota, a UCC filing for a lien establishes the right to a piece of property because of unpaid bills.
UCC liens are only suitable for five years but are eligible for renewal if the debtor has not yet paid. After the debtor pays, the lienholder must inform the agency of jurisdiction to release the lien.
Aside from judgment, mortgage, and UCC liens, you can also find tax liens and mechanic's liens in North Dakota Property Lien Records.
How To Check North Dakota Property Lien Records?
Government agencies are responsible for lien records in North Dakota. Therefore, if you want to find out the status of any assets in the state, you can visit or contact government institutions to inquire.
You can also check with the county recorder to see what land and other real estate records are available. In the same way, you can do this search in North Dakota by going to the county recorder website.
For UCC liens and other liens, you can use the Central Indexing System or contact the Secretary of State's office.
But keep in mind that the information you can find on the websites of government agencies isn't always complete. For this reason, it is best to go to the recorder's office in person to get all the records.
What Are North Dakota Civil Driving Violation Records?
North Dakota Civil Driving Violation Records, also called traffic infractions, are usually less severe offenses or ordinance breaches committed by road users in the state that do not involve a court appearance.
Some examples of North Dakota Civil Driving Violation Records are the following:
- Not giving up the right-of-way
- Not having a license to drive
- Driving while distracted
- Not displaying a vehicle's license plates
- Permitting young drivers on the roadway
- Failure to dim headlights
- Unsafely opening or leaving car doors open
Aside from not having to go to court, one thing that makes these violations different from others is that they do not result in a criminal record.
Still, individuals convicted of these offenses may face further consequences, including fines, registration in a traffic school, community work, and suspension or revocation of their driver's license.
How To Look Up North Dakota Civil Driving Violation Records?
You can use the online North Dakota Court Records Inquiry system to look up a civil driving violation record in this state.
For this search, you must choose a location, click Criminal/Traffic, and input a complete name into the boxes provided. You can also narrow the search by case type, birth date, and case status, among other things.
You can use this platform at any time for free. But be careful when looking at the search results because some records have names and birth dates that are the same.
In addition, you can call or go to the court in charge of the case to find these records in North Dakota.
Most District Courts will charge tickets given by the Highway Patrol or a sheriff's office. On the other hand, a Municipal Court will be in charge of tickets made by a local police department.
What Are North Dakota Legal Judgment Records?
Legal judgment records in North Dakota are documents that have the last decision made by a court. This decision settles all disagreements between the parties and sets their rights.
According to the state's laws, a judgment is an appealable court order or decision. It is a ruling that sets the parties' rights in front of the court and makes the party who did something unlawful pay for it.
The North Dakota Century Code and the North Dakota Rules of Civil Procedure are judicial laws that detail the exact methods for enforcing, issuing, and recording court judgments in the state.
How To Look Up North Dakota Legal Judgment Records?
You can look up North Dakota Legal Judgment Records by going to the courthouse that handled the case. The court clerk is responsible for keeping these records and ensuring they are accessible to the public.
On the other hand, the North Dakota courts have a search tool that you can use to find legal judgment records online through the name of any of the parties.
If the search term is the name of a business, press "select party," pick "business," and type in the business name.
Once you have a North Dakota Legal Judgment Record, it usually includes the following information:
- Names of the parties and their claims
- The disputed issues
- Date of entry of the judgment
- The court's rulings on the issue
- The judge's name and signature
What Are North Dakota Small Claims Records?
The North Dakota Civil Court Records consist of all small claims records, which include all documents filed in small claims civil actions.
The Small Claims Court in this state is a part of the District Court. This informal court recovers debts and resolves contract termination disputes if the amount demanded does not exceed the court's jurisdiction (less than $15,000). Besides that, it handles cases like:
- Disputes between renters and owners
- Claims for breaking a contract
- Collection of minor debts from firms and individuals
- Compensation for defective goods and services
In North Dakota, a small claims case starts when the complainant files a claim affidavit with the District Court and pays the court a $10 filing fee.
All information and resources surrounding the registration of a complaint in a Small Claims Court will become part of the North Dakota Small Claims Records following the filing.
How To Look Up North Dakota Small Claims Records?
In North Dakota, the courts run a single database that you can use to look at and get small claims records. You can search by the party's name, the case's name, and the filing date on this database.
You can also contact or visit the court that handled your case and made a decision. However, in this state, the Supreme Court regulations allow judges to remove all small claims case files and recordings after ten years or when the completion of judgment.
If the court destroys a record, the clerk will note it on the judgment. So, there is a possibility that you might not be able to see the whole document.
What Are North Dakota Divorce Court Records?
North Dakota Divorce Court Records include all official records of dissolved marriages in the state. These records comprise vital records and case files that contain details on family court rulings about divorce.
To obtain a divorce in this state, you must have legal grounds. After filing, all the information gathered during the process will become part of any of the following:
Divorce Certificate
This divorce court record is an essential paper that shows a marriage has ended. It includes some of the details contained in the divorce's final court order, such as the following:
- The names of the parties to the divorce
- The divorce location
- When the divorce verdict came out
- The court case number
You can see and get divorce certificates in North Dakota upon request. But it is much easier for the parties involved and their legal representatives to get this paper.
Divorce Decree
This divorce court record is the court's last legally binding order that the marriage is over. It details the settlement that everyone agreed to and makes it clear what each person's post-marriage responsibilities are, such as on the following terms:
- Child support
- Schedules and rights to visit
- Alimony payments
- The custody of minor children
- Distribution of assets
In North Dakota, anyone can look at a divorce decree, but only the parties involved can get a certified copy. These are the people whose names are on the record, their family members, and the people who can speak for them in court.
Divorce Records
The North Dakota divorce records have all the information from the certificate and decree versions. They also contain or specify the following:
- Judgments
- Motions
- Testimonies
- Filed Evidence
- Transcript of judicial proceedings
In North Dakota, divorce records are primarily public documents, compared to divorce certificates and decrees.
How To Look Up North Dakota Divorce Court Records?
On the State of North Dakota Courts website, you can use the North Dakota Court Record Inquiry (NDCRI) system to find these court records. However, note that the material accessible through this website is not an official court record.
So, if you want a certified copy of North Dakota Divorce Court Records, you need to send a written request to the County Recorder that handled the case.
Upon request, you must present a valid photo ID. The County Recorder who keeps the divorce record will also charge a fee for searching, copying, and certifying the document. Note that different counties or judicial districts may set different amounts for this fee.
What Are North Dakota Probate Court Records?
North Dakota probate is the legal and formal process of validating one's final will, resolving debts or taxes, and transferring residual assets to legitimate heirs.
Among the probate matters in the state are:
- Petitions
- Accounts
- Inventories
- Distributions
- Wills
- Bond
In addition to the state's formal probate process, North Dakota has adopted the Uniform Probate Code. This code lets a person probate a Will and designate an executor without going to court or having a court hearing. When a person dies without a will, the informal probate process also lets a person administer the estate.
If you want to learn more about North Dakota's informal probate process, you can visit the website of the state's court. There, you can find information and resources about the process.
Where can you find North Dakota Probate Court Records? You can find these records in this state at the county clerk's office that handled the probate case. Also, like in finding North Dakota Civil Driving Violation Records, you can use the North Dakota Court Records Inquiry system to look up probate case records in this state online.
How To Look Up Civil Court Cases in Florida?
The first step in getting North Dakota Civil Court Records is to figure out what kind of court case it is and which court has jurisdiction over it.
Send a request to any of the three permanent court levels mentioned above to get these records.
For example, you can get court records from the North Dakota District Courts by sending a written request to the Court Clerk at any of their locations.
In addition to sending a written request, you can go to a courthouse and use a public terminal to look at public civil court records. The state courts use Odyssey Case Management System, which you can access when you visit the courthouse.
Lastly, you can also obtain these records anytime online.