Montana Small Claims Court Fees: Filing, Service and Total Costs
The Base Filing Fee
Montana's statutory filing fee for a small claims case is $20 under MCA § 25-35-608(1)(a). County schedules may add local charges. In Park County and Carbon County, the total filing fee is $30; confirm the current amount with your county clerk.
Payment methods vary by county. Park County Justice Court, for example, accepts cash or check only. Confirm accepted payment methods with your local court before driving out.
Service of Process Costs
After you file, the defendant has to be legally served with the complaint and court order by a sheriff, constable, or other process server under MCA § 25-35-604. The cost depends on who does the serving:
- County sheriff — Carbon County charges $65 per person served, plus a $15 administrative processing fee (Resolution 2026-05). Other counties have their own fee schedules.
- Private process server — fees vary by provider and distance; request a current quote.
- Disinterested adult — any person over 18 who is not a party to the case can serve the papers. This is free if you have a willing friend or family member, though you still need to file the Civil Affidavit of Service.
If the first attempt fails and you need an alias order to reschedule the hearing, you may have to pay the service fee again.
Appearance Fees
Some courts charge both parties a fee on the day of the hearing. Park County charges $20 per person at check-in. The defendant's statutory fee is $10 when contesting the complaint or filing a counterclaim under MCA § 25-35-608(1)(b); confirm any local charges with the court.
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Total Cost to File a Case
A rough breakdown for a typical Montana small claims case:
| Expense | Amount |
|---|---|
| Filing fee | $20 statutory; Park and Carbon list $30 total |
| Service of process | Varies by county and method; Carbon County sheriff: $80 per person |
| Appearance fee | $10 statutory defendant fee when contesting or counterclaiming; Park County: $20 per person |
| Total | Varies by county, service method, and local charges; confirm each fee before filing |
The court may include recoverable filing and service costs in the judgment; confirm which charges are recoverable in your case.
Fee Waivers for Low-Income Filers
Under MCA § 25-10-404, you can request a waiver of all court filing fees and sheriff service fees by submitting an Affidavit of Inability to Pay. The affidavit requires a detailed financial statement — household income, liquid assets and property ownership. If you are represented by a recognized legal aid organization, you do not need to file the financial statement.
Upon approval, court filing fees, clerk services, and sheriff process fees may be waived or deferred.
Budgeting Before You File
Knowing the total cost upfront prevents surprises at the clerk's window. The Montana Small Claims Filing Guide includes a county logistics finder that lists each Justice Court's filing fee, accepted payment methods and service fee schedule, so you can budget the full cost before committing to the case.
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