MONTANA SMALL CLAIMS INFORMATION

Relevant Statutes:

Maximum Dollar Limit:

Locating Agent For Service:

Online Court Forms:

Service Of Process:

Hearing Date:

Attorneys:

Transfer:

Appeals:

Additional Information:

Small Claims are heard in District Court and Justice Court.

Montana Code Annotated, Title 3, Ch. 10, Part 10, Sections 1001-1005; Title 3, Ch. 12, Sections 101-107 (District Court); Title 25, Ch. 33, Sections 101-306, Ch. 35, Sections 501-807 (Justice Court).

$3,000.

Secretary of State Business Services, State Capitol, 2nd Floor, Rm.260, Helena, MT 59601; Phone: 406) 444-3665; Fax: (406) 444-3976.

Montana Court Forms Link.

Sheriff or constable. (Justice court only: disinterested adult).

District Court: ten to thirty days from filing a claim. Justice Court ten to forty days from filing a claim.

Only allowed if all parties are represented by attorneys.

District Court: Inapplicable. Justice Court: If defendant files notice within 10 days of receipt of complaint, the case will be controlled by formal rules of civil procedure.

Either party may request a new trial within 30 days of judgment from Justice or City Court to District Court. Either party make request a new trial on law, not facts, within ten days of judgment from Small Claims Court to Justice or District Court.

Jury trial available to defendant unless counterclaim filed. Right to sue may not be transferred. No personal injury or property damage cases. Plaintiff may only file ten claims per year. Defendant may file counterclaim up to $2500 arising out of the same transaction or occurrence which must be served on plaintiff at least 72 hours before the hearing date.