Sue for a Refund in Montana Small Claims Court

You paid for something, it didn't work as promised, and the seller won't give your money back. Montana small claims court can recover refunds up to $7,000 for defective products, undelivered merchandise, and breached warranties — without a lawyer.

When a Refund Claim Fits Small Claims

Montana's Small Claims Division handles liquidated claims — a fixed dollar amount you can prove with a receipt, invoice, or statement. A refund claim fits this perfectly: you paid $X, received nothing (or a defective product), and want $X back.

Common refund scenarios that work in small claims:

• Defective products — you bought an appliance, tool, or vehicle part that failed and the seller won't honor a return or warranty
• Undelivered goods — you paid online or in person and the item never arrived
• Services not rendered — you paid for a service that was never performed or was so defective it had no value
• Breached warranties — an express warranty (written guarantee) or implied warranty of merchantability was violated

The statutory limit is $7,000 under MCA § 25-35-502. If your refund claim exceeds that, you can waive the excess or file in Justice Court's general civil division for claims up to $15,000.

Statute of Limitations

The clock depends on the legal basis of your claim. Written contracts (including purchase agreements and warranties) get six years under MCA § 27-2-202(1). Oral agreements get five years. Product liability claims involving injury to personal property fall under the two-year limit (MCA § 27-2-207).

For most consumer refund disputes, the six-year written contract window applies — but don't wait. Evidence gets stale and sellers close or move.

Build Your Refund Evidence

The judge needs to see what you paid, what you were promised, and what you actually got:

• Proof of purchase — receipt, credit card statement, PayPal/Venmo record, or bank statement showing the payment
• Product description or advertisement — the listing, packaging, or brochure that shows what was promised
• Evidence of the defect — photos of the broken product, a technician's report, or a written statement from a qualified repair person
• Communication with the seller — emails, texts, or letters where you requested a refund and were denied or ignored
• The demand letter and certified mail receipt — your formal written demand is often required before Montana courts will accept a filing

If you returned the defective item, keep the shipping receipt. If you still have the product, bring it to the hearing if it's portable enough.

Filing and Hearing

Send a demand letter via certified mail first. State the purchase amount, describe the defect or non-delivery, and set a payment deadline.

File at the Justice Court clerk in the county where the seller resides or does business. The base filing fee is $20 (MCA § 25-35-608(1)(a)); county surcharges may bring the total to about $30. Name the seller correctly — for a business, check the Montana Secretary of State registry for the legal entity name.

At the hearing, present the evidence in order: what you bought, what you paid, what went wrong, how you tried to resolve it, and what the seller did (or didn't do). Bring three organized sets of your documents.

The court can award the purchase price plus court costs and pre-judgment interest at 10% on written obligations (MCA § 31-1-106). The court can't order the seller to repair or replace the product — small claims is strictly about money.

For a complete walkthrough of the filing process — from demand letter through evidence preparation and the hearing — the Montana Small Claims Filing Guide covers every step with fillable checklists and tracking worksheets.

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