statute of limitationsUnited States · North Dakota (Statewide)Difficulty: Easy
Two-Year Limitation on Municipal Ordinance Violations (NDCC §29-04-02)
Under NDCC §29-04-02, the prosecution of misdemeanors (which includes municipal parking violations) must be commenced within two years after commission of the offense. Many North Dakota cities, particularly small towns, do not pursue parking citations promptly and may attempt collection 2+ years later through collections agencies. Such stale citations are unenforceable as a matter of law.
Legal basis
NDCC §29-04-02 (statute of limitations - misdemeanors)
Sample appeal wording
TO: [CITY/COLLECTION AGENCY] RE: Citation #[NUMBER] - Statute of Limitations Defense Dear Sir/Madam: I am in receipt of your demand for payment of Citation #[NUMBER], allegedly issued on [DATE]. This date is more than two (2) years prior to your demand. Under NDCC §29-04-02, prosecution of municipal ordinance violations and misdemeanors must be commenced within two years of the alleged offense. The prosecution of this matter is therefore time-barred as a matter of law. I demand: 1. Immediate cancellation of this citation 2. Removal from any registration hold 3. Cessation of all collection activity 4. Confirmation in writing within 30 days Any continued collection activity after notice of this defense violates the federal Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t29c04.pdf
- NDCC §29-04-02