Montana · Bad purchase or private sale

Bad purchase or private sale in Montana small claims

Sold something defective or got ripped off? Recover in small claims.

If you bought something through a private sale — a used car, furniture, equipment, or other goods — and the seller misrepresented what they were selling, sold you something that didn't work, or never delivered at all, small claims court is the straightforward way to get your money back. Your case depends on showing what was promised, what you paid, and what you actually received.

In Montana, small-claims cases are heard in the Small Claims Court (a division of the Justice Court) and you can sue for up to $7,000 (exclusive of costs).

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.

Bad purchase or private sale: steps that matter

1. Gather your bill of sale, listing, texts, emails, or any description of what you were buying and what was promised.
2. Document the defect or non-delivery with photos, videos, or a professional assessment if the item can be inspected.
3. Send a written demand for a refund or the promised goods with a clear deadline, and keep proof you sent it.
4. File in the court where the seller lives or where the sale took place, within the statute of limitations below.

Filing your sworn Complaint in Montana

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Deadline that applies to your bad purchase or private sale

A claim over a bad purchase or private sale is typically a contract claim — the seller promised goods that were not as described or not delivered. If the goods also caused property damage, a property damage period may apply. The limitations clock generally starts from the date of sale or the date you discovered the defect.

Written contract (instrument in writing): 6 years (MCA 27-2-202(1))

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.

All Montana small-claims deadlines

The table below lists the filing deadlines Small Claims Court (a division of the Justice Court) applies by claim category. Confirm the exact rule that applies to your bad purchase or private sale claim with your court before relying on any figure.

Montana small-claims forms for your bad purchase or private sale case

These forms are published by the Small Claims Court (a division of the Justice Court). Download and complete them before filing.

• 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.