Sue for an Unpaid Invoice in Montana Small Claims Court

You delivered the work, sent the invoice, followed up twice, and now the client has gone quiet. Montana small claims court exists for exactly this situation — recovering a fixed dollar amount without the cost of hiring a lawyer.

Unpaid Invoices Fit Small Claims Well

Montana's Small Claims Division handles claims up to $7,000 under MCA § 25-35-502. An unpaid invoice is the textbook case: the amount is fixed, easily calculated, and backed by documentation. The court only hears "liquidated" claims — amounts you can prove with a bill, contract, or account statement. Open-ended damages like lost business opportunities don't qualify.

If the invoice exceeds $7,000, you can either waive the excess and sue for $7,000 (you forfeit the rest), or file in the general civil division of Justice Court for claims up to $15,000.

The statute of limitations for written contracts is six years (MCA § 27-2-202(1)). Oral agreements get five years. If you're well within that window, you're eligible.

Who Can File — Sole Traders, Freelancers and Small Businesses

Montana lets individuals represent themselves in small claims. If you're a sole proprietor or freelancer, you file under your own name (add "d/b/a [Your Business Name]" if you operate under a trade name).

Corporations, LLCs, and partnerships can also file. Under MCA § 25-35-505(3), a corporation may be represented by a director, officer, or employee; an LLC may be represented by a member with a majority interest; and a partnership may be represented by a partner or employee.

This means an authorized business representative can file the complaint and present the case at the hearing. A party may not be represented by an attorney unless all parties are represented by an attorney (MCA § 25-35-505(2)).

Suing a Business — Get the Legal Name Right

If you're suing a company, check the Montana Secretary of State's business entity search for the exact legal name, business structure, and registered agent. The complaint must name the legal entity, not just a brand name.

For a sole proprietor operating under a trade name, name both: "John Doe d/b/a Doe's Design Studio." For an LLC, use the full registered name: "Doe Creative Services LLC."

Getting this wrong can make a judgment unenforceable. If you're unsure whether you're dealing with an LLC, a corporation, or a sole proprietor, the Secretary of State registry settles it.

Build Your Evidence File

Unpaid invoice cases are straightforward when you have the paper trail:

• The invoice itself — with the date, services described, amount, and payment terms
• The contract or written agreement — even an email thread confirming the scope and price works
• Proof the work was delivered — emails, delivery confirmations, sign-off documents, photos of completed work
• Payment history — if they paid previous invoices on time, that pattern helps your case
• Communication showing the debt — follow-up emails, texts where the client acknowledges owing money or asks for more time

Prepare three paper copies of everything: one for the judge, one for the defendant, and one for yourself. Montana judges expect organized exhibits at the hearing.

The Filing Process

Start with a demand letter. Send a formal written demand stating the exact unpaid balance, the original invoice date, and a payment deadline (14 days is typical). Mail it by certified mail with return receipt — several Montana justice courts require this proof before they'll accept your complaint.

If the deadline passes without payment, file at the Justice Court clerk's office in the county where the debtor resides or does business. The base filing fee is $20 (MCA § 25-35-608(1)(a)); county surcharges may bring it to around $30.

You can also claim pre-judgment interest at 10% per year on amounts owed under a written instrument (MCA § 31-1-106). If your contract specifies a different interest rate, that rate controls.

The clerk will set a hearing within 10 to 40 days. The defendant gets served by sheriff or process server at least five days before the hearing date. If they don't show, you'll likely get a default judgment.

At the hearing, walk the judge through the timeline: when the work was agreed, when it was delivered, when the invoice was sent, and what efforts you made to collect. Keep it factual and organized.

For a complete walkthrough of every step — demand letter template, filing checklist, service tracking, and evidence organization — the Montana Small Claims Filing Guide covers the entire process with fillable worksheets.

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