North Dakota Complaint and Summons for Balance Due on Credit Card Account

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US-03350BG
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Description

Filing a Complaint or Petition

Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state. These statutes also vary depending on what your cause of action is. For example, in many states, the statute of limitations regarding a cause of action for breach of contract is three years, while the cause of action for an intentional tort, like slander, is one year.


A complaint is a general statement of the plaintiffs claim. The complaint must describe the actions that led to the claim of a violation (i.e., violation of rights). The claim can be for money damages. It could also be a claim for equitable remedies like specific performance (e.g., court forcing a party to abide by a contract) or an injunction (e.g., stopping a person from doing something). The complaint must establish jurisdiction of the court in which it is filed. For example, if the complain is filed in federal court, it must show diversity of citizenship or that a federal statutory or constitutional question is involved.


Service of Process

This generally involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:

o That the defendant is being sued;

o The name of the Court in which he is being sued;

o When he must file an answer; and

o The fact that a default judgment will be entered if no answer is filed.
The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. Deputy Marshals or process servers are used in federal court. Constables are used in justice court of some states. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper.


The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.

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FAQ

The statute of limitations for actions on notes and contracts, including credit card debt, is six years. N.D.

In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.

Debt collectors in North Dakota must be licensed and bonded; noncompliance can result in felony charges. North Dakota imposes a six-year statute of limitations on most debts, preventing legal action beyond this period.

The statute of limitations for actions on notes and contracts, including credit card debt, is six years. N.D.

Statute of limitations on debt for all states StateWrittenOralCalifornia4 years2Colorado6 years6Connecticut6 years3Delaware3 years346 more rows ?

Credit Card Debt: Guide to Responding to Court Summons Review the Complaint and The Summon. You should review the summon and look out for important details including: ... Calculate the Deadline for Filing A Response. ... Draft A Response to The Complaint. ... File the Answer Form. ... Serve Copies to The Plaintiff.

You may settle your case at any time prior to having the court make a decision (a judgment) by either: Paying the full amount of the debt (plus any fees, costs, and interest required) Negotiating to pay a lesser amount and having the other side agree to accept that amount as full payment.

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North Dakota Complaint and Summons for Balance Due on Credit Card Account