Montana Small Claims Court Default Judgment: What Happens When the Defendant Doesn't Show

You filed your small claims case, paid the fees, had the defendant served, and showed up on the hearing date. The defendant didn't. What happens next depends on whether you did everything correctly up to this point.

How Default Judgments Work in Montana

When a properly served defendant fails to appear at the hearing, the Justice of the Peace enters a default judgment in favor of the plaintiff. The court awards the amount claimed in the complaint plus court costs — filing fees and service expenses.

The critical word is "properly served." Before the judge enters a default, the court confirms that proof of service is on file. That means the completed Civil Affidavit of Service for personal service, or the certified-mail return receipt if service was made by the clerk, must be filed with the clerk before or at the hearing.

If proof of service is missing or defective, the judge won't enter a default. You'll need to arrange valid service and get a new hearing date.

What the Default Judgment Includes

A default judgment typically includes:

• The principal amount you claimed in the complaint (up to $7,000)
• Court costs — your filing fee and service charges
• Pre-judgment interest if you claimed it — 10% per year on written obligations (MCA § 31-1-106)

The judge won't award more than what you asked for in the complaint. If you forgot to include service costs or interest in your original claim, you can't add them at default.

Post-judgment interest accrues automatically at the federal prime rate plus 3% (MCA § 25-9-205), set annually on January 1.

Can the Defendant Undo a Default?

A defendant who was properly served but didn't appear cannot file a direct appeal to District Court. They must first ask the small claims court to set aside the default judgment by showing good cause — typically, that they never actually received the papers (despite the return of service), had a medical emergency, or had other excusable neglect.

The standard is genuinely strict. "I forgot" or "I didn't think it was real" usually doesn't qualify. But if the defendant can show they were never actually served (the papers went to a wrong address, or a process server left them with a stranger who never passed them along), the judge may vacate the default and reschedule.

What to Do at the Hearing

Even though the defendant isn't there, treat the hearing seriously:

• Bring your proof of service — the filed Civil Affidavit of Service for personal service or the signed return receipt for clerk-arranged certified mail
• Bring your evidence — contracts, invoices, photos, the demand letter and its receipt
• State your case briefly to the judge, covering the basic facts: who owes what, when the obligation arose, and what you've done to collect

The judge may ask a few questions to confirm the amount and verify that the claim falls within small claims jurisdiction ($7,000 limit, liquidated damages, proper venue). Answer directly and you'll typically walk out with a judgment the same day.

Collecting After a Default Judgment

A judgment is a legal order that the defendant owes you money. It doesn't put money in your hand. If the defendant doesn't pay voluntarily, you'll need to use post-judgment enforcement tools through Justice Court under MCA Title 25, Chapter 13 — writs of execution, bank account levies, wage garnishment, or recording a judgment lien against personal property.

The Montana Small Claims Filing Guide covers the entire filing process from demand letter through the hearing, including a service tracking worksheet to make sure your proof of service is filed correctly before you ever walk into the courtroom.

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