Montana Small Claims

Sometimes the cost of hiring a lawyer totals more than the money you're owed. Small claims court can be a quick and inexpensive way to collect on your own. The court procedures are informal, not intimidating. And a judge, instead of a jury, usually decides the case.

Who Can Sue and Be Sued?

Any individual, business or corporation may bring a small claims suit for the recovery of money only where the amount owed is $3,000 or less. Attorneys aren't allowed, unless attorneys represent both parties.

Where Do I File a Small Claims Case?

You file a small claims case in the Small Claims Department of the Justice Court in the county where the party you're suing (the "defendant") lives. If your case involves a landlord-tenant dispute, you can bring the case where the home or apartment is located. The clerk of the court should be able to determine whether the address is within the boundaries of that court.

Dispute Resolution Services

Before filing a small claims case, the parties are encouraged to try to resolve their differences. Free or low-cost services may be available through the court or local legal clinics. After you file your case, you must attend free mediation before you can get a trial date. For more information, contact your local Small Claims Court.

How Much Does It Cost?

You must pay a filing fee of $20. You may also have to pay to have the court, the sheriff's office or a local process server deliver notice of the suit to the defendant. At the time you file the claim, the clerk of the court can tell you what service options are available.

What Happens at Trial?

The trial in small claims court is between you and the defendant. No attorneys are allowed to represent either of you. Both parties must prepare their cases and bring those witnesses or other evidence (such as documents, records, photographs or drawings) to court to support their claims or defenses. Witnesses must have personal knowledge of the facts in their testimonies. Documents, records, photographs and drawings must be identified and explained by someone with personal knowledge of them.

If the defendant does not appear at trial, you will be granted a "default" judgment for the amount of your claim, plus your filing and service costs. If you fail to appear at trial, the judge will dismiss your claim.

How Do I Collect the Judgment?

If the court enters a judgment against either party, it is that party's duty to pay without delay. The small claims court does not collect the judgment for you. But if the judgment is not paid within 10 days, and the person who owes the judgment does not appeal, you can ask the court to issue what's called a "writ of execution" so you can start trying to collect the judgment by garnishing wages or bank accounts, or trying to locate the property of the person who owes the judgment. You will have to file more papers with the court, but the clerk of the court should be able to help you with these.

How Do I Appeal a Judgment Against Me?

You must file an appeal within 10 days after the judgment is entered with the Justice Court. Detailed instructions for filing a small claims appeal are available from the clerk of the court.

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