Montana Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Montana: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Montana
- Small claims limit
- $7,000, not counting costs, for money or specific personal property, and the defendant must be servable in the county where the case is filed. Mont. Code Ann. § 25-35-502
- Filing fee
- $20 for the plaintiff when the sworn complaint is filed; $10 for the defendant when appearing to contest the claim or filing a counterclaim. A party who cannot afford the fees may file a pauper's affidavit. Sheriff's service fees are separate. Mont. Code Ann. §§ 25-35-608, 25-35-604
- Are lawyers allowed?
- Only if all parties are represented by attorneys. A defendant who wants a lawyer (or a jury) can move the case to regular justice's court within 10 days after service. Mont. Code Ann. §§ 25-35-505, 25-35-605
- Appeals
- Either party may appeal to the district court in the county by giving written notice to the small claims court and serving the other party within 10 days after judgment is entered. The district court reviews questions of law only; there is no new trial (no trial de novo). Mont. Code Ann. § 25-35-803
Court: Justice Court (small claims), or a small claims court in district court where a county has created one. Last verified: 2026-10-24.
How to file a small claims case in Montana
- Confirm your claim is for money or personal property of $7,000 or less and that the defendant can be served in the county.
- Fill out the small claims Complaint (a sworn complaint) and the Order and Notice to Defendant forms from the Montana Judicial Branch's Civil Forms page.
- File in the proper justice court and pay the $20 filing fee, or file a pauper's affidavit.
- Have the sheriff, constable or a process server serve the defendant at least 5 days before the hearing date, which is set 10 to 40 days out.
- If you are the defendant, decide within 10 days of service whether to move the case to regular justice's court (to have a lawyer or a jury); file any related counterclaim at least 72 hours before the hearing.
- Present your case informally to the judge at the hearing.
- Either side may appeal on questions of law to district court within 10 days after judgment; otherwise, enforce the judgment by execution.
Can you use small claims court?
| Small claims limit | $7,000, not counting costs, for money or specific personal property, and the defendant must be servable in the county where the case is filed. Last amended 2011 (Ch. 284). Counties that create a small claims court in district court follow the same justice-court small claims procedure (§ 3-12-107). Source: Mont. Code Ann. § 25-35-502 |
|---|---|
| Who can file | Individuals, partnerships, corporations, unions, associations and other entities may be parties; the state and its agencies may not. Generally only a party to the transaction with the defendant may bring the claim; assigned claims are allowed only if the assignment complies with § 27-1-718. A party may file no more than 10 claims per calendar year (except § 27-1-718 claims). Entities appear through specified members, officers, directors or employees. Source: Mont. Code Ann. § 25-35-505 |
| Are lawyers allowed? | Only if all parties are represented by attorneys. A defendant who wants a lawyer (or a jury) can move the case to regular justice's court within 10 days after service. |
Filing your case
| Where to file | Venue follows the same rules as other civil actions in justice's court. Source: Mont. Code Ann. § 25-35-504 |
|---|---|
| Official forms | Montana's statewide small claims forms (for Justice and City Court small claims) are a Complaint and an Order and Notice to Defendant to start a case, plus a Counterclaim, Praecipe, Interpleader Affidavit and Order for Interpleader Answer. The forms page also links Instructions for Small Claims Cases and the Office of Consumer Protection's Guide to Small Claims Court. Check the local rules of the justice or city court where you file. |
| Filing fee | $20 for the plaintiff when the sworn complaint is filed; $10 for the defendant when appearing to contest the claim or filing a counterclaim. A party who cannot afford the fees may file a pauper's affidavit. Sheriff's service fees are separate. Fee waiver form: https://courts.mt.gov/external/forms/dissolution/FeeWaiver.pdf (linked from https://courts.mt.gov/Forms/). |
| Serving the defendant | A sheriff, constable or other process server serves the defendant with a copy of the court's order and notice and the sworn complaint, using the methods for civil cases in justice's court; sheriff's fees apply. Service must be made at least 5 days before the appearance date, or a new date and order can be issued (repeatedly, within one year of filing). |
Before and at the hearing
| When the hearing happens | The appearance date is set at least 10 and no more than 40 days after the order is issued. Source: Mont. Code Ann. § 25-35-603 |
|---|---|
| Does the defendant file an answer? | No written answer is filed; the only pleadings allowed are the complaint, the court's order and notice, and any counterclaim. The defendant appears on the date in the order. A defendant may remove the case to regular justice's court by filing a notice within 10 days after service. |
| Counterclaims | Allowed only if it arises from the same transaction or occurrence. The defendant signs a sworn counterclaim before the justice and serves it on the plaintiff at least 72 hours before the hearing. A counterclaim or setoff is capped at $6,500; if the defendant claims more, the small claims court decides only whether the plaintiff's claim is discharged, and the defendant must sue separately for the rest. The counterclaim cap in § 25-35-606 ($6,500) is lower than the $7,000 claim limit in § 25-35-502. Source: Mont. Code Ann. § 25-35-606 |
| Jury trial | No. Small claims cases are heard by a judge without a jury. A defendant who does not remove the case to justice's court within 10 days after service waives the right to a jury trial. |
After the decision
| Appeals | Either party may appeal to the district court in the county by giving written notice to the small claims court and serving the other party within 10 days after judgment is entered. The district court reviews questions of law only; there is no new trial (no trial de novo). Source: Mont. Code Ann. § 25-35-803 |
|---|---|
| Collecting your judgment | Small claims judgments are enforced the same way as other justice's court judgments, through execution. Judgment-collection forms are listed under 'Collecting a Judgment' at https://courts.mt.gov/Forms/. Source: Mont. Code Ann. § 25-35-807 |
Deadline to sue
6 years for a written lease or other written contract; 5 years for an oral lease (a contract not founded on a written instrument). Mont. Code Ann. § 27-2-202(1)-(2)
Official forms and help
Suing a landlord or tenant in Montana
Landlords and tenants may bring rent, damage or deposit claims up to $7,000 in small claims. Justice courts also share jurisdiction with district courts over residential landlord-tenant and mobile home actions under Title 70, Chapters 24 and 25, including deposit suits, outside the small claims procedure (§ 3-10-302).
- Montana security deposit demand letter (send before you sue)
- Montana security deposit law
- Tenant lawyers and free legal aid in Montana
Montana small claims FAQ
What is the small claims limit in Montana?
$7,000, not counting costs, for money or specific personal property, and the defendant must be servable in the county where the case is filed.
Who can file a small claims case in Montana?
Individuals, partnerships, corporations, unions, associations and other entities may be parties; the state and its agencies may not. Generally only a party to the transaction with the defendant may bring the claim; assigned claims are allowed only if the assignment complies with § 27-1-718. A party may file no more than 10 claims per calendar year (except § 27-1-718 claims). Entities appear through specified members, officers, directors or employees.
Can you bring a lawyer to small claims court in Montana?
Only if all parties are represented by attorneys. A defendant who wants a lawyer (or a jury) can move the case to regular justice's court within 10 days after service.
Where do I file a small claims case in Montana?
Venue follows the same rules as other civil actions in justice's court.
How much does it cost to file in small claims court in Montana?
$20 for the plaintiff when the sworn complaint is filed; $10 for the defendant when appearing to contest the claim or filing a counterclaim. A party who cannot afford the fees may file a pauper's affidavit. Sheriff's service fees are separate.
How do I serve the other side in a Montana small claims case?
A sheriff, constable or other process server serves the defendant with a copy of the court's order and notice and the sworn complaint, using the methods for civil cases in justice's court; sheriff's fees apply. Service must be made at least 5 days before the appearance date, or a new date and order can be issued (repeatedly, within one year of filing).
How long does a small claims case take in Montana?
The appearance date is set at least 10 and no more than 40 days after the order is issued.
Does a defendant have to file an answer in Montana small claims court?
No written answer is filed; the only pleadings allowed are the complaint, the court's order and notice, and any counterclaim. The defendant appears on the date in the order. A defendant may remove the case to regular justice's court by filing a notice within 10 days after service.
Can the defendant file a counterclaim in Montana small claims court?
Allowed only if it arises from the same transaction or occurrence. The defendant signs a sworn counterclaim before the justice and serves it on the plaintiff at least 72 hours before the hearing. A counterclaim or setoff is capped at $6,500; if the defendant claims more, the small claims court decides only whether the plaintiff's claim is discharged, and the defendant must sue separately for the rest.
Is there a jury in Montana small claims court?
No. Small claims cases are heard by a judge without a jury. A defendant who does not remove the case to justice's court within 10 days after service waives the right to a jury trial.
Can you appeal a small claims decision in Montana?
Either party may appeal to the district court in the county by giving written notice to the small claims court and serving the other party within 10 days after judgment is entered. The district court reviews questions of law only; there is no new trial (no trial de novo).
How do I collect a small claims judgment in Montana?
Small claims judgments are enforced the same way as other justice's court judgments, through execution.
Where can I get small claims court forms in Montana?
Montana's statewide small claims forms (for Justice and City Court small claims) are a Complaint and an Order and Notice to Defendant to start a case, plus a Counterclaim, Praecipe, Interpleader Affidavit and Order for Interpleader Answer. The forms page also links Instructions for Small Claims Cases and the Office of Consumer Protection's Guide to Small Claims Court.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.