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Small claims court in Montana (2026)

In Montana you can sue for up to $7,000 in small claims. Court: Small claims court (small claims division of the Justice Court). Lawyers: limited. Appeal: either side, 10 days. For a broken written agreement you generally have 6 years to sue. Last checked .

Montana small claims at a glance

Most you can sue for
$7,000
Court
Small claims court (small claims division of the Justice Court)
Filing fee
$30
Lawyers
Limited
Appeal
Either side, 10 days
Ask for payment first
Required

Can you sue in Montana small claims?

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Montana small claims limit

$7,000

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The rule: Claims for money or specific personal property up to $7,000, not counting costs. A party may file no more than 10 claims a calendar year (except shoplifting penalty claims). A counterclaim is limited (the AG guide says $6,500).

Deadline to sue (general rule)

6 years for this kind of claim in Montana. Enter the date it happened to see the last day.

Written contracts: 6 years. Oral contracts, accounts or promises: 5 years. Injury to real or personal property: 2 years. General tort and personal injury: 3 years (libel, slander, assault, battery: 2 years).

Lawyers: Lawyers can take part only in limited cases.

Collectors: a company that bought or was assigned the debt can't use small claims court in Montana.

Before you file: Yes, in effect. The statutory sworn complaint form has the plaintiff swear the sum is due, owing and unpaid despite demands for payment. A Montana Judicial Branch chart says a small claims case must start with a certified demand letter, then a 10-day wait after mailing it before filing. Check the local justice court's practice.

Appeal: Either party may appeal to the district court of the county by giving written notice to the small claims court and serving it on the other side within 10 days after entry of judgment. There is no new trial; the appeal is limited to questions of law.

Filing fee: The justice court clerk collects a $20 small claims filing fee from the plaintiff when the sworn complaint is filed ($10 from a defendant who contests or counterclaims). Every court must also charge the initiating party a $10 court information technology user surcharge (and each defendant $10 on appearance), so the plaintiff pays $30, plus service costs. The court's small claims chart lists a $30 filing fee. Pauper's affidavit rules apply, and the surcharge can be waived for inability to pay.

The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.

All Montana small claims rules →Write a demand letter →

Where to file and how much

  • Court. Small claims are heard by a justice of the peace in the county justice court. Venue follows the rules for justice court civil actions, and the defendant must be servable in the county; the Attorney General's guide says to file in the county where the defendant lives or can be served. A county may also create a separate small claims court within the district court.
  • Limit. Claims for money or specific personal property up to $7,000, not counting costs. A party may file no more than 10 claims a calendar year (except shoplifting penalty claims). A counterclaim is limited (the AG guide says $6,500).
  • Filing fee. The justice court clerk collects a $20 small claims filing fee from the plaintiff when the sworn complaint is filed ($10 from a defendant who contests or counterclaims). Every court must also charge the initiating party a $10 court information technology user surcharge (and each defendant $10 on appearance), so the plaintiff pays $30, plus service costs. The court's small claims chart lists a $30 filing fee. Pauper's affidavit rules apply, and the surcharge can be waived for inability to pay.

Who can sue and who can speak in court

  • No party may have a lawyer unless all parties do. A corporation may appear through a director, officer or employee; a partnership through a partner or employee; an LLC through a majority member. Only a party to the original transaction may sue, and assigned claims are barred (except shoplifting civil penalty claims). The state and its agencies cannot be parties.
  • A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
  • Before you file. Yes, in effect. The statutory sworn complaint form has the plaintiff swear the sum is due, owing and unpaid despite demands for payment. A Montana Judicial Branch chart says a small claims case must start with a certified demand letter, then a 10-day wait after mailing it before filing. Check the local justice court's practice.
  • Jury and moving the case. No juries in small claims. A defendant who wants a jury (or a lawyer) must remove the case to regular justice court by filing a notice within 10 days of being served; failing to do so waives both.

How long you have to sue in Montana

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contracts: 6 years. Oral contracts, accounts or promises: 5 years. Injury to real or personal property: 2 years. General tort and personal injury: 3 years (libel, slander, assault, battery: 2 years).

Kind of claimTime to sue
Written contract6 years
Oral (spoken) agreement5 years
Damage to property2 years
Personal injury3 years

Law: MCA 27-2-202(1)-(2), 27-2-207, 27-2-204(1), (3)

After the hearing: appeals and collecting

Who can appeal
Either side can appeal.
Kind of appeal
Review of the record (no new trial)
Deadline
Either party may appeal to the district court of the county by giving written notice to the small claims court and serving it on the other side within 10 days after entry of judgment. There is no new trial; the appeal is limited to questions of law.
Collecting the money
Collection of a small claims judgment follows the laws on execution of justice court judgments; ask the justice court clerk for execution papers. An action on a judgment must be brought within 10 years.

Good to know in Montana

  • The complaint must be sworn before the justice or clerk, who must help the claimant prepare it and give the Attorney General's small claims pamphlet.
  • The AG guide says a hearing is set within 40 days of filing.
  • If a defendant removes the case to justice court and loses, the court may award the plaintiff attorney fees.
  • Small claims forms are supplied by each justice court; no single statewide forms page was found.

Official help and forms

Sources

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.

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