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Montana · Filing guide · Small Claims Court (Justice Court small claims division)

How to file a small claims case in Montana, step by step

Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.

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Before you file

1–3 weeks before filing

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.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

In Montana you can sue for up to $7,000 in the Small Claims Court (Justice Court small claims division).

Run the 60-second case check to see the last day you can file.

  • Your full name, address and phone
  • The defendant's exact legal name and an address in the county where they can be served
  • The exact amount owed, up to $7,000
  • Why the money is owed and when it became due
  • Proof you sent a demand by certified mail
  • Copies of bills, contracts or receipts

Use the company's exact legal name and serve its registered agent.

Search: Montana Secretary of State Business Search.

  • The contract, lease, invoice or receipt
  • Photos of the damage, dated if possible
  • Texts, emails and letters with the other side
  • Two written repair estimates or proof of what you paid
  • Your demand letter and proof it was sent
  • Names and contact details of any witnesses

Fill in the claim

1–2 evenings

Small Claims Complaint: Small Claims Complaint and Order, signed under oath before the clerk or judge. Ask the court clerk or check your court's website.

  • Who: you and the defendant, with full legal names and addresses
  • What: the agreement or event, in 2–4 plain sentences
  • When: the date it happened
  • How much: the exact amount (no more than $7,000) and how you calculated it
  • What you did: when you asked for payment and their response

You sign the complaint under oath in front of the clerk or judge; no notary is needed.

Get a copy of the complaint and order for each defendant to be served, plus one for yourself.

File and pay

Filing day

Choose how you'll file:

OnlineNot availableSmall claims must be started in person, because you swear to the complaint in front of the clerk or judge.
In personGo to the justice court in the defendant's county, sign the small claims complaint under oath before the clerk or judge, and pay the $30 fee by cash or check. The clerk or judge can help you fill out the complaint.
By mailNo. A small claims complaint must be signed in person.

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.

$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. 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.

The clerk issues an Order of Court and Notice to Defendant setting a hearing within 40 days. You arrange for it to be served with the complaint.

Serve the defendant

Right after filing

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.

Proof of service

The person who served the papers signs the proof of service; file it with the clerk and return the original order before the hearing.

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Before the hearing

1–4 weeks before

The defendant doesn't file a written answer. They can file a counterclaim of up to $6,500 served on you at least 72 hours before trial, or move the case to regular Justice Court within 10 days.

Put the settlement in writing, have both sides sign it, and give it to the clerk with a request to dismiss.

Get any settlement in writing, signed by both sides, with the amount and payment date.

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

Ask the court to issue a subpoena for a witness well before the hearing.

  • Three copies of every document: for you, the judge and the defendant
  • A one-page timeline of what happened, with dates
  • A short sheet showing how you calculated the amount
  • Photos printed or ready on your phone (ask the clerk if screens are allowed)

The hearing

Hearing day

  • Arrive early and check in with the clerk
  • Bring three copies of each document: one for you, the court and the other side
  • Bring your witnesses and any subpoenas
  • Both sides testify under oath, plaintiff first

What to say, in about two minutes
  1. Who you are and what you're asking for: the amount.
  2. What the agreement or situation was.
  3. What went wrong, with dates.
  4. What it cost you and how you calculated it, showing your documents.
  5. That you asked for payment and what they said.

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If the defendant doesn't come, you can get a judgment. If you don't come, your case is dismissed.

After the judgment

Weeks to months

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.

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.

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.

Free help in Montana

Montana DOJ Office of Consumer Protection

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