Montana Judgment: Types, Records, Duration, and What to Expect

A judgment is a court’s official decision that ends a case. In Montana, judgments are issued in civil lawsuits, debt collection cases, property disputes, family law matters, and criminal restitution cases. Once entered, a judgment is legally enforceable and may result in liens, wage garnishments, or long-term credit reporting.

What Is a Judgment in Montana?

In Montana, a judgment is the final order of a court that settles a case. It outlines the court’s final decision about the rights, claims, and reliefs sought by all parties involved in the case. It may take the form of a decree or order that mandates one party to pay money, transfer property to another, or refrain from certain conduct.

Once recorded, judgments carry the authority of law, and creditors or plaintiffs may enforce them through collection means such as liens and garnishments. All judgments in Montana have long-term financial and legal consequences for both parties involved in the case until the judgment is satisfied or expires.

Types of Judgments in Montana

Montana courts issue several types of judgments depending on the case:

Money Judgments

In money judgments, the court orders a debtor to pay a creditor a fixed amount of money. These may have resulted from unpaid bills, loans, or damages awarded in civil lawsuits.

Default Judgments

A default judgment occurs when it has been proved to a court that a defendant fails to respond to a lawsuit or misses a scheduled hearing. The court typically grants the relief requested by the plaintiff.

Property or Lien Judgments

Creditors may file a judgment lien against a debtor’s real estate in the District Court Clerk’s Office where the property is situated. In Montana, liens are recorded with the county clerk and recorder, preventing property transfers until the debt is cleared. The lien is active for 10 years until the judgment is satisfied.

Family Court Judgments

This type of judgment is found in court hearings about family-related cases, which include child support, custody, or alimony. These judgments are strictly enforced and may lead to serious consequences such as withholding of wages or contempt proceedings if they are not fulfilled.

Criminal Restitution Judgments

In criminal cases, Montana Statutes states that courts may issue restitution judgments, requiring offenders to compensate victims for their financial losses. These judgments remain enforceable (even if the offender dies) until they are satisfied in full.

How to Search for Judgments in Montana

Once the Clerk of the Court files a case, it becomes a public record according to the Montana Public Records Law. Judgment records are typically included in court records across the state. It generally comprises the case number, names of the parties involved in the matter, court location, judgment date, and the judgment amount or relief granted. Anyone who wants to find judgments in Montana may:

• Contact the Clerk of District Court Offices – The District Court Clerk maintains court records, including judgments for cases tried in their county. The public may conduct searches in person and obtain certified copies of judgments for a fee.
• Search the Montana Courts Public Access Portal: Many Montana courts make use of the District Courts Public Access Portal or the Limited Jurisdiction Courts Access Portal. These portals enable the public to search for case information, including judgments, by using the case number or names of the offender.
• Third-Party Services – There are third-party services that provide access to legal sources, including judgments for several courts in Montana. Although these providers offer faster services for a fee, the most accurate source lies with the court clerk’s offices.

Judgment Records in Major Montana Counties

Individuals may access judgment records in Montana through the court clerk’s offices in their county, including:

• Billings (Yellowstone County):Yellowstone County District Court records are available to the public through the Public Access Portal CourtView. Alternatively, individuals may search and copy judgments from court records at the local court clerk’s office.
• Missoula (Missoula County): In Missoula County, the Clerk of the District Court engages the public and maintains judgment records for record seekers. Individuals may request copies of records from the Clerk of the District Court.
• Great Falls (Cascade County): Aside from viewing Cascade County judgments at the Public Access Portals, individuals may search or submit a Request for Copies Form to the clerk’s office.

How Long Does a Judgment Last in Montana?

In Montana, the time limit for a civil judgment is 10 years from the date it is recorded in the county clerk’s judgment docket. However, creditors may ask the court to renew the judgment and extend its enforceability for another 10 years. Should the debtors refuse to comply with the judgment, their actions may result in long-term restrictions on their property and difficulties in accessing loans.

What Happens After a Judgment Is Entered in Montana?

Once a judgment is entered in Montana, creditors have the legal right to collect the amount the courts say the debtors owe on the judgment. The following options are available to the creditor and debtor.

For Creditors:

• Wage Garnishment: The court may grant creditors an order to mandate employers to withhold part of the debtor’s wages to repay debts until the judgment is satisfied.
• Judgment Liens: Creditors may attach liens to the real estate of their debtors to recover their funds.
• Bank Levies: With court approval, creditors may collect funds directly from a debtor’s bank account.

For Debtors:

• Credit Reporting: When judgments appear on credit reports, they lower credit scores and opportunities to access capital from financial institutions.
• Satisfaction of Judgment: After the completion of payment of debt by the debtor, the creditor must file a Satisfaction of Judgment Form with the court clerk.
• Appeals or Motions to Vacate: A motion to vacate a judgment may be granted to a debtor who feels they did not have a proper chance to present their side of the case in a trial. The debtor may also appeal the court’s judgment to a higher court.