What is the small-claims limit for a contractor dispute case in Montana?

In Montana, you can sue for up to $7,000 in the Small Claims Court (a division of the Justice Court) (exclusive of costs).

Montana · Contractor dispute

Contractor dispute in Montana small claims

Q: What is the deadline to file a contractor dispute case in Montana?

The Written contract (instrument in writing) in Montana is 6 years (MCA 27-2-202(1)). A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.

Contractor didn't finish or won't refund? Sue in small claims.

When a contractor takes a deposit and disappears, leaves a job unfinished, or does work that causes damage, small claims court is often the right venue to recover your money. You do not need a lawyer. Your case rests on your contract or estimate, proof of payment, documentation of what was promised, and evidence of what was actually delivered — or not delivered.

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.

Contractor dispute: steps that matter

Gather your written contract, estimate, or text messages showing what was agreed, and keep all receipts and payment records.
Document the incomplete or defective work with photos and, if possible, a written assessment from another contractor.
Send a written demand to the contractor stating what you are owed and a deadline to respond, and keep proof you sent it.
File in the court for the county where the contractor operated or where the work was done, and bring every document to the hearing.
If the contractor holds a license, check your state's licensing board — a complaint there may run parallel to your court case.

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.

Deadline that applies to your contractor dispute

A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.

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 contractor dispute claim with your court before relying on any figure.

Claim type	Filing deadline
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

Montana small-claims forms for your contractor dispute 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.