Montana Small Claims Court Limit: $7,000 Cap Explained

The $7,000 Statutory Cap

Under MCA § 25-35-502(1), Montana small claims court handles money disputes up to $7,000, exclusive of court costs. That ceiling covers the principal amount you are claiming — filing fees, service costs and court charges sit on top and do not count against the limit.

The cap applies to the Small Claims Division of Montana's Justice Courts. The regular civil division of the same Justice Court handles claims up to $15,000, and District Court has no dollar ceiling.

What Counts as a Small Claim

The claim must be for a fixed, calculable dollar amount. Eligible disputes include:

• Unpaid invoices — a contractor, freelancer or vendor who was not paid for completed work
• Withheld security deposits — a landlord who kept all or part without proper itemization within the 30-day period, or the 10-day return period when the statute's no-deduction conditions apply (MCA § 70-25-202)
• Broken contracts — a service that was paid for but never delivered, or goods that arrived defective
• Property damage bills — a neighbor's dog tore up your fence and you have a repair estimate

The common thread is that you can point to a specific number. If the damages are uncertain or require subjective valuation — pain and suffering, emotional distress, "lost business goodwill" — the Small Claims Division will not hear the case.

What the Court Cannot Handle

Montana small claims court has explicit exclusions:

• Evictions and property possession. Landlords who want a tenant out must file in the Justice Court civil division or District Court.
• Claims against the state. MCA § 25-35-505(1) prohibits naming the State of Montana or any state agency as a defendant.
• Injunctions and equitable relief. The court awards money only — it cannot order someone to do or stop doing something.
• Unliquidated damages. If you cannot put a precise dollar figure on the harm, you need the regular civil docket.

What Happens When Your Claim Exceeds $7,000

You have two options:

1. Waive the excess. File in small claims for $7,000 and accept that you cannot recover the rest. This makes sense when the speed and low cost of small claims outweigh the difference.
2. File in Justice Court or District Court. Justice Court's civil division handles claims up to $15,000. District Court has no cap. Both allow attorneys and formal discovery, and both cost more in fees and time.

You cannot split a single claim into two separate small claims cases to get around the cap. Courts treat that as claim-splitting and will dismiss the second filing.

Counterclaim Limits

If you are the defendant and want to assert your own claim against the plaintiff, the counterclaim ceiling is $6,500 — not $7,000 (MCA § 25-35-606). A counterclaim above $6,500 does not kill the original case; the judge simply decides whether the plaintiff's claim is offset, and the defendant can pursue the remainder in a separate court.

The 10-Claim Annual Cap

No person, partnership or corporation may file more than 10 small claims actions in a single calendar year (MCA § 25-35-505(6)). The only exception is shoplifting recovery actions under MCA § 27-1-718.

Planning Your Case

Knowing the limits before you file saves time and filing fees. The Montana Small Claims Filing Guide includes a pre-filing eligibility checklist that walks through the dollar cap, the statute of limitations and the venue rules so you can confirm your claim qualifies before you drive to the courthouse.

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