What is the small-claims limit for a unpaid personal loan 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 · Unpaid personal loan

Unpaid personal loan in Montana small claims

Q: What is the deadline to file a unpaid personal loan case in Montana?

The Written contract (instrument in writing) in Montana is 6 years (MCA 27-2-202(1)). A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

Friend or family owes you money? Recover it in small claims.

Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.

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.

Unpaid personal loan: steps that matter

Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
Send a written demand for repayment with a clear deadline and keep proof you sent it.
Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
File in the court where the defendant lives or where the loan was agreed to.

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 unpaid personal loan

A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.

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 unpaid personal loan 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 unpaid personal loan 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.