Montana ยท Small Claims Court (a division of the Justice Court)
How to file a small-claims case in Montana
You can sue for up to $7,000 in Montana (exclusive of costs). Here is where to file, what the deadlines are, and how to keep your case organized.
Good to know: Montana small claims is the Small Claims Division of the Justice Court (Title 25, chapter 35, MCA). Attorneys are allowed only if all parties have one (MCA 25-35-505), and you may file no more than 10 claims a year.
Filing your sworn Complaint in Montana
- Prepare the complaint. Prepare a written complaint stating the facts, the amount demanded (up to $7,000, excluding costs) or property sought, and the transaction date. It must be sworn before the court.
- Prepare the service papers. Prepare a praecipe and copies for each defendant: the instructions call for two copies of the complaint, two Notices to Defendant, and one praecipe per defendant.
- File and swear the documents with the clerk. Take the documents to the Justice Court clerk to be sworn and filed, and pay the filing fee.
- Serve the defendant. The sheriff or a process server serves the Notice to Defendant and complaint. If the defendant is not served at least 5 days before trial, the court resets the date.
- Appear for trial. Attend the trial on the set date. If you settle beforehand, notify the court.
Filing fees: The official instructions state a $30 Justice Court filing fee, plus service costs (including mileage) that vary by county and server. Confirm current amounts with the local Justice Court clerk.
Key Montana deadlines
| Case type | Deadline to file |
|---|---|
| Written contract (instrument in writing) (MCA 27-2-202(1)) | 6 years |
| Oral contract / account / promise (not in writing) (MCA 27-2-202(2)) | 5 years |
| Property damage (injury to / waste / trespass on real or personal property) (MCA 27-2-207) | 2 years |
| Personal injury (general tort, liability not in writing) (MCA 27-2-204(1)) | 3 years |
Answering a lawsuit: No written answer is required before trial; the defendant appears on the trial date. A counterclaim must be served on the plaintiff at least 72 hours before the hearing.
Serving the defendant: The sheriff or a process server serves the Notice to Defendant and complaint. If the defendant is not served at least 5 days before trial, the court resets the trial date and orders re-service.
Appeals: Either party may appeal to the district court within 10 days of judgment. The appeal is limited to questions of law; there is no new trial.
Montana small-claims forms
Official Montana forms, free from the court.
- Complaint (Small Claims): The sworn complaint that starts the small claims case.
- Order and Notice to Defendant: Notifies the defendant of the lawsuit and trial date; served with the complaint.
- Praecipe: Directive for service of the complaint and notice on each defendant.
- Instructions for Small Claims Cases: Official step-by-step instructions for filing and pursuing a small claims case.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Montana Judicial Branch: Small Claims (Limited Jurisdiction Court Benchbook). Last reviewed 2026-06-24.