Montana Small Claims Court: Limits, Fees, Forms, and Where to File
How small claims works in Montana: the limit, filing fee, forms, where to file, and the basic steps. Checked 2026-10-14.
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.
Filing in Montana? See a filled-in sample first.
Everything on this page is free. The Small Claims Playbook adds a filled-in sample of Montana's small claims Complaint for justice's court, using a made-up case, with a box-by-box guide. One membership covers every state. $149 for your first year (introductory offer), then $199 a year. Join now.
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 on 2026-10-14. 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.
Ready to do these steps yourself?
The appeal window is short: either side can appeal to district court within 10 days after judgment. The steps above are free. The Playbook helps you do each one, with a filled-in sample of the Montana small claims Complaint and every box explained, plus your Montana Playbook section: serving the other side, what to expect at your hearing, appeals, collecting a judgment, and a Montana small claims checklist.
You also get prep guides that work in any state: a document checklist, exhibit labels, a prep timeline and a hearing-day outline. $149 for your first year (introductory offer), then $199 a year. Join now.
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
Free: the Small Claims Starter Kit (basic timeline and checklists).
What's in the Montana Playbook section
- How to serve the other side in Montana
- What to expect at your Montana small claims hearing
- Appeals in Montana small claims
- Collecting after you win in Montana
- Printable checklist
- Common mistakes and a printable checklist
You do the work. The Playbook hands you the plays.
This page covers the Montana rules. The Playbook coaches you from filing to hearing day: a filled-in sample of the Montana small claims Complaint, your Montana Playbook section, and step-by-step prep guides. Every state and DC has a filled-in sample claim (for Mississippi, Oklahoma and Wyoming it's a sample layout we made, so you'd get the real form from the court clerk). One membership covers every state.
Small Claims Coach is built to help you handle your case yourself, without a lawyer — but if your situation is complicated, does not fit our samples, or a deadline is close, you may want to call a lawyer.
Small Claims Coach uses public information to build the Playbook, which coaches you as you organize and present your own case. We are not your lawyer, there is no attorney-client relationship, and we don't want the details of your case.
This information is for educational purposes only. It is not legal advice.