Montana · Debt collection defense
Debt collection defense in Montana small claims
Being sued over an alleged debt? Organize your defense.
If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.
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.
Debt collection defense: steps that matter
- Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
- Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
- Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
- Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.
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 debt collection defense
A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.
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 debt collection defense 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 debt collection defense 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.