Montana Small Claims Court: Rules, Limits and Filing Steps

How Montana Small Claims Court Works

Montana small claims cases are heard in the Small Claims Division established within each Justice Court under MCA § 3-10-1002. The division exists so people can settle money disputes up to $7,000 without hiring a lawyer or wading through formal civil procedure.

A Justice of the Peace presides. There is no jury unless the defendant removes the case to the regular civil docket within 10 days of being served. The hearing is informal under MCA § 25-35-701, and § 25-35-702 allows each side to offer evidence through witnesses at the hearing or by written evidence. Attorneys are generally prohibited unless every party in the case has one.

That informality is the point. The statutory framework keeps costs low (the base filing fee is $20) and timelines short (the hearing must fall between 10 and 40 days after the court issues its order).

Who Can File and What You Can Claim

Any individual, sole trader, partnership or corporation can file up to 10 small claims actions per calendar year. The claim must be for a fixed dollar amount — an unpaid invoice, a security deposit, a repair bill — not for general or unliquidated damages like pain and suffering.

Claims that do not fit the small claims mold:

• Eviction or property possession actions
• Tort claims where the dollar amount is disputed or hard to calculate
• Claims against the State of Montana or a state agency
• Requests for injunctions or title rulings

If the dispute does not fall within these boundaries, file in the Justice Court civil division (up to $15,000) or District Court.

The $7,000 Ceiling

The maximum award in Montana small claims court is $7,000, exclusive of court costs (MCA § 25-35-502). Filing a claim for more than $7,000 means you waive the excess — the court cannot award above the cap even if the evidence supports a larger number.

A defendant's counterclaim is capped at $6,500. If the counterclaim exceeds that, the judge decides only whether it offsets the plaintiff's claim; the defendant would need to sue separately for the rest.

Filing Fees, Service Costs and Court Charges

The base statutory filing fee is $20 under MCA § 25-35-608(1)(a), but county schedules may add local charges. In Park County and Carbon County, for example, the total filing fee is $30; Park County accepts cash or check only.

Beyond filing, budget for:

• Sheriff or process server fees — Carbon County charges $65 per person plus a $15 processing fee
• Appearance fees — Park County charges $20 per party at check-in
• Appeal costs — a $20 civil appeal fee plus a $30 District Court docketing fee and a bond

An indigent plaintiff can apply for a fee waiver under MCA § 25-10-404 by filing an Affidavit of Inability to Pay.

Step-by-Step Filing Process

1. Send a demand letter. Multiple courts (Park, Madison, Ravalli counties and others) require certified-mail proof that you demanded payment before filing. Even where it is not mandatory, a demand letter strengthens your case.
2. Get the forms. Download the Small Claims Complaint and Order of Court from courts.mt.gov/forms/civilforms, along with the Praecipe (service instructions).
3. Fill out and swear the complaint. The complaint must be signed under oath in front of the Justice of the Peace or the court clerk — you cannot just mail it in signed.
4. Pay the filing fee. Hand it to the clerk with your complaint. The clerk opens a docket, assigns a case number and sets a hearing date.
5. Serve the defendant. Under MCA § 25-35-604, the county sheriff, a constable or another process server serves the papers. A disinterested adult over 18 who is not a party may serve under Justice Court civil procedure rules.
6. Attend the hearing. Bring three copies of every exhibit — one for the judge, one for the opposing party, one for yourself.

Electronic filing is not available for Montana small claims cases.

The Hearing

Hearings are informal. The judge hears both sides, reviews the evidence and either rules from the bench or takes the matter under advisement. MCA § 25-35-702 allows witnesses at the hearing or written evidence, but your evidence still needs to be organized and verifiable.

If the defendant does not appear and proof of service is on file, the court enters a default judgment. If the plaintiff does not appear, the case is dismissed.

Appeals

The losing party has 10 calendar days from the date the judgment is entered to file a Notice of Appeal (MCA § 25-35-803). Montana small claims appeals go to District Court, but there is no new trial. The District Court reviews only whether the Justice Court applied the law correctly — no new evidence, no new witnesses.

Filing the appeal does not automatically pause collection. To stop enforcement while the appeal is pending, you must post an undertaking bond.

What the Guide Covers

The Montana Small Claims Filing Guide walks through every step from the demand letter to the hearing, with the actual forms, deadline math and a county logistics finder so you know exactly what your local Justice Court charges and accepts.

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