Montana Small Claims Playbook: Filing, Service, Hearing and Collecting
Quick answer: Montana small claims go to the Small Claims Division of the county Justice Court, for claims up to $7,000, not counting costs. Filing usually costs $30; check your court's rules. Lawyers can't take part unless every side has one, and either side can appeal to district court within 10 days after judgment. Check your court's rules.
How small claims works in Montana
Small claims is handled by the Small Claims Division of each county's Justice Court, under one state law (MCA Title 25, Chapter 35).
Checked October 2026. Official sources are listed under Sources below.
What is the small claims limit in Montana?
$7,000, not counting costs, and the defendant must be servable in the county where you file (MCA 25-35-502).
How much does it cost to file small claims in Montana?
The defendant usually pays an appearance fee to contest or counterclaim. Amounts vary by court, so check your court's rules.
| Item | Amount |
|---|---|
| Filing fee | Usually $30 |
| Sheriff or process server | Varies |
| Appeal: District Court filing fee | About $30 (court chart) |
From the Montana Judicial Branch Civil vs. Small Claims chart and MCA 25-35-608.
Where do I file a small claim in Montana?
The Justice Court of a county where the defendant can be served. If unsure, check your court's rules.
How to file in Montana: the basic steps
- Send the defendant a written demand for payment (certified mail is recommended) and wait about 10 days before filing. The sworn complaint states that you demanded payment. Check your court's rules.
- Fill out the Complaint and the Notice to Defendant.
- File in the Justice Court of a county where the defendant can be served and pay the filing fee (usually $30).
- Have the sheriff, constable or a process server serve the papers.
- Go to the hearing, which is set 10 to 40 days from the court's order.
Do I need a lawyer, and can a business sue in Montana?
No, and you usually can't use one: lawyers are allowed only if every party has a lawyer.
- No lawyers, unless every party has a lawyer (MCA 25-35-505).
- A corporation can be represented by a director, officer or employee.
Montana small claims FAQ
What is the small claims limit in Montana?
$7,000, not counting costs (MCA 25-35-502). The defendant must be servable in the county where you file.
How much does it cost to file small claims in Montana?
Filing fee: usually $30 (Montana courts' Civil vs. Small Claims chart). The defendant usually pays an appearance fee when contesting or counterclaiming. Amounts vary by court, and state law (MCA 25-35-608) lists lower figures, so check your court's rules.
Where do I file a small claim in Montana?
In the Justice Court of a county where the defendant can be served.
Do I need a lawyer for small claims in Montana?
No. No one may use a lawyer unless all parties have one (MCA 25-35-505).
When is the hearing in Montana small claims?
The hearing is set 10 to 40 days from the court's order, and the defendant must be served at least 5 days before it.
How long do I have to appeal in Montana small claims?
10 days after entry of judgment, by written notice to the small claims court served on the other side, to district court in the same county.
How many small claims can I file in Montana?
No more than 10 per calendar year, except shoplifting claims.
Sources
- MCA 25-35-502 (limit)
- Montana Judicial Branch: Instructions for Small Claims Cases
- Montana courts: Civil vs. Small Claims chart
All checked 2026-10-14.
Related guides: Ready to sue · Just got sued · Small claims court basics · 10 things to do before you sue · How to save text messages as evidence · Sued in small claims? What to do next
Small Claims Starter Kit (basic timeline and checklists).
What's in the Montana Playbook section
- How much should I ask for in Montana small claims?
- Who can appear in Montana small claims
- Where to file in Montana
- Montana small claims forms and fees
- Serving the defendant: options and fees
- How to file a small claim in Montana, step by step (made-up example)
- Montana small claims checklist
- Montana small claims timeline and deadlines
- What to expect at your Montana small claims hearing
- Appeals in Montana small claims
- Collecting after you win in Montana
Want the whole game plan for Montana? The Montana Playbook takes you from filing to hearing day: what to gather, how to label your exhibits, a one-page timeline, and a day-of plan for your hearing. One yearly membership covers every state guide. See the Playbook
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This information is for educational purposes only. It is not legal advice.