Montana Small Claims Court Fee Waiver: How to File If You Can't Afford the Fees

Filing fees shouldn't stop you from pursuing a legitimate small claims case. Montana allows indigent litigants to apply for a fee waiver, covering the filing fee, clerk services, and even sheriff process fees. Here's how the process works.

The Affidavit of Inability to Pay

Montana's fee waiver is governed by MCA § 25-10-404. To apply, you file an "Affidavit of Inability to Pay" along with your small claims complaint. The form requires a detailed financial statement: household income, liquid assets (bank accounts, cash), and any real or personal property you own.

The affidavit is sworn — you sign under oath that the information is accurate. Misrepresenting your finances on the form has legal consequences.

What the Waiver Covers

When approved, the fee waiver can cover:

• The filing fee — the $20 base fee (MCA § 25-35-608(1)(a)) plus any county surcharges
• Clerk service charges — administrative costs associated with processing your case
• Sheriff process fees — the cost of having the county sheriff serve your defendant, which can run $65 or more in some counties

The waiver doesn't cover private process server fees (if you choose one instead of the sheriff), travel expenses, or photocopying costs. And it doesn't waive the defendant's appearance fee, which is the defendant's own obligation.

Who Qualifies

Montana doesn't publish a specific income threshold. The judge reviews your financial statement and makes a case-by-case determination. Factors that support a waiver include:

• Household income below or near the federal poverty line
• Receiving public assistance (SNAP, Medicaid, TANF, SSI)
• Limited liquid assets and no significant property
• Financial obligations (medical debt, child support) that leave little disposable income

If you're represented by a recognized legal aid organization providing free services to low-income individuals, MCA § 25-10-404(3) exempts you from filing the detailed financial statement — the legal aid representation itself serves as proof of eligibility.

How to Apply

Download the Affidavit of Inability to Pay from the Montana Judicial Branch website at courts.mt.gov/forms/civilforms, or pick one up at your local Justice Court clerk's office. Fill it out completely — incomplete applications get rejected.

Submit the affidavit at the same time you file your small claims complaint. The clerk forwards both to the Justice of the Peace for review. If approved, your case proceeds without prepaying the fees. If denied, you'll need to pay the fees before the case may proceed further.

There's no separate hearing for the fee waiver — the judge reviews the paperwork and issues a decision, usually within a few days.

What If You're Denied

If the judge denies your fee waiver, you still have options. The filing fee in most Montana counties is around $30 — a fraction of what a regular civil case costs. Some courts may offer a payment plan, though this isn't guaranteed.

You can also contact the Montana Legal Services Association (MontanaLawHelp.org) for assistance. If you qualify for their services, their representation may satisfy the legal aid exemption under MCA § 25-10-404(3).

The Montana Small Claims Filing Guide walks through the complete filing process including fee payment, waiver applications, and every other step from the demand letter to the hearing.

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