On This Page
Montana Small Claims Court Limits
Montana small claims court limit is $7,000 for all plaintiffs.
Court Name: Small Claims Court (Justice Court or District Court)
Official Website: https://dojmt.gov/office-of-consumer-protection/small-claims-court/
Filing Fees in Montana
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $30-50 |
Filing fees are modest. Additional fees for service of process.
Serving the Defendant
Service must be completed at least 10 days before the trial date.
Allowed Service Methods:
- Personal service by sheriff
- Certified mail
- Process server
Important: You must serve the defendant at least 10 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
No Lawyers Required: Attorneys are NOT allowed in Montana small claims court except for corporations that must be represented by an attorney.
Appeals
Either party may appeal to District Court within 10 days.
Montana Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to demonstrate good faith before filing suit.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in Montana?
The Montana small claims court limit is $7,000 for all plaintiffs.
Can I have a lawyer in Montana small claims court?
No. Attorneys are not allowed in Montana small claims court, except that corporations must be represented by an attorney.
How long do I have to sue for breach of contract in Montana?
In Montana, you have 6 years for written contracts and 5 years for oral contracts from the date of breach.
How do I appeal a Montana small claims judgment?
Either party may appeal to District Court within 10 days of the judgment.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup