Montana Statute of Limitations for Contracts and Small Claims

Every small claims case in Montana has a deadline — miss it and the court will dismiss your complaint regardless of how strong your evidence is. Montana's statutes of limitations vary by claim type, and the differences matter.

Written Contracts: 6 Years

Under MCA § 27-2-202(1), you have six years to file a claim based on a written contract, written instrument, or obligation in writing. This covers signed agreements, purchase orders, leases, promissory notes, and any written promise to pay.

The clock starts when the breach occurs — the date the payment was due and missed, the date the contractor abandoned the job, or the date the warranty obligation was violated. Not the date you signed the contract.

Oral Contracts: 5 Years

Oral agreements and unwritten obligations get five years under MCA § 27-2-202(2). This covers handshake deals, verbal agreements about freelance work, and promises made over the phone or in person.

The challenge with oral contracts isn't the deadline — it's proving the agreement existed. Without a written document, you'll need testimony, text messages, emails, or other evidence that both parties agreed to specific terms.

Accounts Stated and Settled Accounts: 5 Years

Under the same statute (MCA § 27-2-202(2)), accounts stated — where both parties have agreed on a balance owed — also carry a five-year limitation. This applies to running business accounts, invoiced balances that the debtor acknowledged, and settled financial statements.

Property Damage: 2 Years

MCA § 27-2-207 gives you just two years for claims involving trespass, waste, or injury to real or personal property. This is the deadline that catches people off guard — it covers property damage from car accidents, construction defects, neighbor disputes, animal damage, and conversion (someone taking your property).

Two years from the date of damage, not the date you got a repair estimate.

General Tort Obligations: 3 Years

Non-contract obligations — where someone's negligence or wrongful act caused your loss but there was no contract between you — get three years under MCA § 27-2-204(1). This can apply in small claims when you're suing someone you don't have a direct contractual relationship with.

How the Deadline Affects Filing

Under MCA § 25-35-601, a small-claims action is commenced when you appear before a Justice of the Peace or the justice's clerk and execute a sworn complaint. Neither sending a demand letter nor starting private mediation tolls or pauses the clock.

If your limitation period is about to expire, file first and negotiate later. You can always dismiss a case if you settle, but you can't revive a time-barred claim.

When Multiple Deadlines Apply

Some disputes involve overlapping limitation periods. A contractor who abandoned a job involves both a written contract breach (6 years) and possible property damage (2 years). A landlord who illegally withheld a deposit may face claims under the lease (6 years) and the statutory deposit provisions of MCA § 70-25-202.

File under the longest applicable deadline, but be aware that specific elements of your claim — especially property damage — may have shorter windows. If any part of your claim is close to expiring, address it in the complaint before the deadline passes.

The Montana Small Claims Filing Guide includes a deadline calendar that tracks every statutory window from the statute of limitations through the 10-day appeal deadline, so you never miss a critical date.

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