A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In Montana you can sue for up to $7,000 in the Small Claims Court (Justice Court small claims division), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
The sworn complaint says you already asked for payment. Courts tell you to send a written demand by certified mail and bring proof of mailing when you file. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
File in the justice court of the county where the defendant lives or can be served. You must file in person and swear to your complaint in front of the clerk or judge.
Small Claims Complaint and Order, signed under oath before the clerk or judge. The hearing is set within 40 days after you file.
$30 to file a small claim. The defendant pays a $20 appearance fee on the hearing day, and a counterclaim costs $30. Serving the papers costs extra and depends on who serves them. If you can't afford it, ask for a fee waiver: Ask the justice court clerk about a request to waive fees if you can't afford them.
You can't serve the papers yourself. The sheriff, a levying officer, a process server or another adult who isn't part of the case delivers the complaint and order, then signs a proof of service for you to file. At least 5 business days before the hearing.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. You can ask for a writ of execution, put a lien on the debtor's property, or use a collection agency.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Fraud time can start when the fraud is discovered.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 8 years |
| Broken verbal agreement | 5 years |
| Damaged property | 2 years |
| Personal injury | 3 years |
| Fraud | 2 years |
| Libel or slander | 2 years |
| Claims against a government agency | Claims against the State of Montana or a local government have special rules; a claim against the state must first be presented in writing to the Department of Administration. |
No lawyers unless every party has one. The defendant can move the case to regular Justice Court within 10 days of being served, where lawyers and a jury are allowed.
You can sue for up to $7,000 in money or personal property, not counting costs. The limit has been $7,000 since 2011. Only the person or business that was part of the deal can sue, and no one can file more than 10 small claims a year. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Either side can appeal to district court within 10 days after the judgment, but only on questions of law. The district court doesn't retry the case or take new evidence. Bonds and fees apply.
Ask the court ahead of time if you need an interpreter.