Montana · Unpaid wages
Unpaid wages in Montana small claims
Employer didn't pay what you're owed? Small claims can help.
If an employer has not paid wages, final paychecks, overtime, or promised bonuses, small claims court is one avenue to recover — and in many states, wage claims can also be filed with the state labor or wage-and-hour agency as a separate (sometimes faster) process. Your strongest evidence is documentation of the hours worked, the agreed pay rate, and what was actually paid, along with any employment agreement or pay stubs.
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 wages: steps that matter
- Gather your employment agreement, pay stubs, timesheets or other hours records, and any written communication about your pay rate or the amount owed.
- Calculate the exact amount you are owed: hours worked times rate, minus any payments already received.
- Check whether your state's labor or wage-and-hour agency offers a separate wage claim process that may be faster or recover more.
- Send a written demand to your employer stating the amount owed and a deadline to pay, and keep proof you sent it.
- File in the court for the county where you worked or where the employer is located, within the applicable deadline.
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 wages
An unpaid wages claim can be framed as a contract claim (you worked under an agreement and were not paid) or as a statutory wage claim under your state's labor laws. The applicable statute of limitations may differ depending on the theory used; state wage statutes sometimes provide their own shorter or longer deadlines. Confirm which period governs your situation with the court or your state's labor agency.
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 wages 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 wages 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.