Small claims in Montana.
Montana's small claims court offers a streamlined process for disputes up to $7,000, with hearings set within 40 days of filing.
- Most you can sue for$7,000Same cap for individuals and businesses
- Filing fee$30-$50Varies by county
- CourtJustice Court
- Lawyers at trialNot allowedUnless both parties are represented
- Appeal window10 daysAppeal to District Court
- Recent change—No major changes in the last 3 years
Find your situation.
Montana small claims handles money disputes up to $7,000 (or $7,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Montana allows you to file claims for breaches of contract and money owed up to $7,000. The statute of limitations is 8 years for written contracts and 5 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction cases; these are addressed in Justice Court under regular civil procedures.
Try instead: Justice Court civil docket
Title to real estate
Disputes involving the ownership of real property are beyond the jurisdiction of small claims court.
Try instead: District Court
Defamation
Claims involving defamation, such as libel or slander, are not handled in small claims court.
Try instead: District Court
Malpractice
Professional malpractice claims exceed the jurisdiction of small claims court.
Try instead: District Court
Family law matters
Issues such as divorce, child custody, and support are not within the purview of small claims court.
Try instead: District Court
Probate matters
Disputes involving wills and estates are handled in probate court, not small claims court.
Try instead: District Court
Claims against the federal government
Small claims court does not have jurisdiction over claims against federal entities.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the scope of small claims court.
Try instead: District Court
Injunctions and specific performance
Small claims court cannot issue orders requiring a party to do or refrain from doing something.
Try instead: District Court
Workers' compensation claims
Disputes over workers' compensation are handled by the Workers' Compensation Court.
Try instead: Workers' Compensation Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Justice Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Montana: Availability of e-filing varies by county; check with the local Justice Court.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 5 days before the hearing (in the same county) or 5 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Personal service by sheriff or constable. A sheriff or constable personally delivers the complaint and notice to the defendant.
- Service by process server. A private process server delivers the complaint and notice to the defendant.
File the proof of service () at least 0 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be permitted with court approval.
If the defendant is evading service, document attempts and seek court guidance for alternative methods.
Show up to the hearing
Informal bench trial, typically lasting 30-60 minutes.
Lawyers at trial: Allowed. Attorneys are not allowed unless both parties are represented.
When you’ll get the decision: On the spot or mailed within a few weeks.
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to support the claim.
If you’re the defendant being sued
The defendant is not required to file a written answer but must appear at the scheduled hearing.
Counter-suing the plaintiff: Allowed using (Counterclaim). Serve the plaintiff at least 3 days before trial (same county) or 3 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $7,000, the case may be transferred to a court with appropriate jurisdiction. Mont. Code Ann. § 25-35-505
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 0 days to pay. Judgments accrue 0% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a writ of execution with the court, serve the employer, and the employer withholds a portion of the debtor's wages.
Cost: $30-50 plus sheriff fees
Notes: Most effective when the debtor is employed with a regular income.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve the bank, and the bank freezes and transfers funds to the court.
Cost: $30-50 plus sheriff fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- Social Security and federal benefits
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
File the judgment with the county recorder to place a lien on the debtor's property.
Cost: $20-40 recording fee
Notes: Effective if the debtor owns real property; may delay satisfaction until property is sold.
What’s protected:
- Homestead exemption up to $250,000
Writ of execution
Authorize the sheriff to seize and sell the debtor's non-exempt property.
How it works
Obtain a writ from the court, and the sheriff seizes and sells property to satisfy the judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if the debtor has valuable non-exempt assets.
What’s protected:
- Personal property up to $4,500
- Tools of trade up to $3,000
Multiple creditors? Priority rules.
Priority among judgment creditors is generally determined by the order of filing or recording the judgment.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Form: Notice of Appeal.
- Type: On the record — the higher court reviews the existing trial record.
Appeals are limited to questions of law; no new evidence is considered.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect information can lead to dismissal or unenforceable judgments.
How to avoid it: Verify the defendant's legal name and address before filing; for businesses, check the Secretary of State's records.
Exceeding the claim limit
What goes wrong: Filing a claim over $7,000 in small claims court will result in dismissal or transfer to a higher court.
How to avoid it: Ensure your claim does not exceed the $7,000 limit; if it does, consider waiving the excess or filing in a higher court.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your case.
How to avoid it: Determine the applicable statute of limitations for your claim type and file within that period.
Improper service of process
What goes wrong: Failing to serve the defendant correctly can delay your case or lead to dismissal.
How to avoid it: Follow Montana's rules for service of process, using authorized individuals and methods.
Not preparing sufficient evidence
What goes wrong: Lack of evidence can result in losing your case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements to support your claim.
Failing to collect the judgment
What goes wrong: Winning a case doesn't guarantee payment; you may need to take additional steps to collect.
How to avoid it: Familiarize yourself with collection methods like wage garnishment and property liens, and be prepared to implement them.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources9 citations and statutes
- Montana Department of Justice: Small Claims CourtMontana Department of Justice: Small Claims Court
- Montana Courts: Courts of Limited JurisdictionMontana Courts: Courts of Limited Jurisdiction
- Montana Code Annotated § 25-35-502Mont. Code Ann. § 25-35-502
- Montana Courts: Small Claims FormsMontana Courts: Small Claims Forms
- Montana Code Annotated § 31-1-201Mont. Code Ann. § 31-1-201
- Montana Code Annotated § 70-25-202Mont. Code Ann. § 70-25-202
- Montana Code Annotated § 39-3-205Mont. Code Ann. § 39-3-205
- Montana Unfair Trade Practices and Consumer Protection ActMontana Unfair Trade Practices and Consumer Protection Act
- Montana Residential Landlord and Tenant ActMontana Residential Landlord and Tenant Act
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.