How to File Small Claims in Montana

Check Whether Your Claim Qualifies

Montana small claims court handles money disputes up to $7,000 (MCA § 25-35-502). The amount must be a fixed, calculable sum — an unpaid invoice, a withheld deposit, a repair estimate — not a vague claim for emotional distress or unliquidated damages.

You also need to file in the right county. Venue lies where the defendant lives, where the defendant can be served, or — for contract claims — where the obligation was supposed to be performed. If you cannot physically serve the defendant within that county, the court lacks jurisdiction.

Step 1: Send a Demand Letter

Multiple Montana Justice Courts require proof that you sent a written demand before they will accept your complaint. Park County, Madison County and Ravalli County all enforce this rule.

Even in counties that do not explicitly require it, a demand letter establishes that you tried to resolve the dispute and gives the other side a chance to pay. Send it by certified mail with return receipt requested, and keep both a copy of the letter and the signed postal card.

The letter should state the exact amount owed, what the debt is for, and a reasonable payment deadline (10 to 14 days).

Step 2: Complete the Complaint Form

Download the Small Claims Complaint and Order of Court from the Montana Judicial Branch site at courts.mt.gov/forms/civilforms. You will also need the Praecipe — a short form that tells the process server where to find the defendant.

The complaint asks for:

• Your name and the defendant's full legal name (check the Secretary of State's business registry if you are suing a company)
• The dollar amount you are claiming
• A brief statement of what the defendant owes and why

You must appear before the Justice of the Peace or small claims court clerk and sign the complaint under oath. MCA § 25-35-601 says the action is commenced when you appear and execute the sworn complaint.

Step 3: File and Pay

Take the original complaint plus copies (one for your records, one for each defendant) to the Justice Court clerk. Pay the filing fee — the base statutory fee is $20, and county schedules may add local charges. Park and Carbon counties list a $30 total; Park County accepts cash or check only.

The clerk opens a docket, assigns a case number and enters a hearing date between 10 and 40 calendar days out.

If you cannot afford the filing fee, you can apply for a waiver under MCA § 25-10-404 by filing an Affidavit of Inability to Pay.

Step 4: Serve the Defendant

The defendant must receive the complaint and court order before the hearing. Service can be done by:

• The county sheriff
• A process server
• Any disinterested adult over 18 who is not a party to the case
• Court-arranged certified mail with restricted delivery and a return receipt; confirm this option with the clerk

Service must be completed at least five days before the trial date. If the server cannot reach the defendant in time, ask the clerk for an alias order to reschedule the hearing. Alias orders can be reissued within one year of the original filing.

After personal service, the server files a sworn Civil Affidavit of Service with the court. For court-arranged certified-mail service, the signed return receipt is the proof of service. Without proof on file, the judge cannot enter a default judgment if the defendant fails to appear.

Step 5: Prepare for the Hearing

Bring three organized sets of every document you plan to use — one for the judge, one for the opposing party, one for yourself. Local courts like Park County Justice Court explicitly require three copies of all exhibits.

Gather:

• The original complaint and court order
• Your demand letter and the certified mail receipt
• Contracts, invoices, receipts, photos, text messages (printed, not on your phone)
• Any witness subpoenas

If you need a witness to attend, request a subpoena from the court clerk and have it served in advance.

Step 6: Attend the Hearing

Arrive early and check in with the clerk. Some courts charge a per-party appearance fee at the door (Park County charges $20).

The hearing is informal — there is no jury unless the case is removed to the regular Justice Court civil division. MCA § 25-35-702 allows witnesses at the hearing or written evidence. The judge hears both sides, looks at the evidence and either rules on the spot or issues a written decision shortly after. If the defendant does not show up and your proof of service is on file, you get a default judgment.

After the Ruling

The losing party has 10 calendar days to file an appeal to District Court. If no appeal is filed, the judgment is final and you can begin collection.

The Montana Small Claims Filing Guide covers every step in detail, including a demand letter template, a service tracking worksheet and a deadline calendar so nothing slips through the cracks.

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