Montana Small Claims

The Small Claims Court in Montana offers a straightforward and cost-effective path to resolving minor civil disputes. Each state has a set of rules guiding its small claims procedure. Therefore, understanding the laws that pertain to Montana helps consumers, tenants, landlords, tradespersons, and small businesses to recover money or specific personal property. In essence, they can bypass the formality or expense of ordinary civil litigation.

In Montana, small claims are governed by Title 25, Chapter 35, MCA,and are handled on the Small Claims docket of the state’s courts of limited jurisdiction. These cases are primarily heard in the Justice Courts, and in some cases, the City or Municipal Courts handle them.

What Is a Small Claims Court in Montana?

Small claims is an informal proceeding typically presided over by a judge. It is designed to handle simple disputes over money claims or specific personal property. The types of cases commonly filed include unpaid loans or invoices, residential security deposit disputes, straightforward contract/workmanship issues, and minor property damages.

According to statute and statewide policy, juries and lawyers are not required in this legal proceeding. In addition, no party may be represented by an attorney unless all parties are represented. If a party prefers a jury or an attorney to represent them, the defendant may transfer the case to the standard civil docket of the Justice Court.

Small Claims Court Limits in Montana

The Small Claims Court in Montana handles disputes that involve a monetary amount of $7,000 or less, exclusive of costs. A party may also seek the return of specific personal property valued at $7,000.

Also, a small claims process involves serving the defendant in the county where the case was filed. Auto news is not allowed to represent one party unless both parties have legal representation.

In Montana, no jury trials are allowed unless the case is transferred to the Justice Court within 10 days after serving the defendant. By statute, Montana allows a defendant to file counterclaims or setoffs against the plaintiff. If these claims exceed the $7,000 jurisdictional limit, they are transferred to another court.

How to File a Small Claims Case in Montana

In Montana, individuals pursuing a small claims case can follow a series of steps to help navigate the process effectively:

1) Choose the right court (venue). Under the law, a plaintiff may file a small claims case in the county where they may be legally served or where the defendant resides. The rules of venue for small claims cases are the same as regular civil cases heard in the Justice Court.

2) Prepare the complaint on the court’s form. Although many counties offer user-friendly forms, individuals may use the official statewide forms provided by the Montana courts. As part of the process, some courts require a plaintiff to appear in person and swear to the complaint before a clerk or judge.

3) Filing fees. Filing fees vary by county, and court users may verify from the local clerk’s website to see updated fees and apply for free waivers if they qualify. Although fees are set locally, Madison County charges $30 and schedules hearings “within 40 days.”

4) Serve the defendant properly. Service is typically done by a sheriff, constable, or other process server, following the same procedures used in civil proceedings in the Justice Court. The statute sets a strict timeline for hearings; they are often scheduled between 10 and 40 days from the date of the order. Service is typically completed at least 5 days before the hearing date. If service is not executed, the court may issue new orders within one year of the original filing.

5) A defendant may transfer their case to the regular Justice Court civil docket by filing a notice of removal within 10 days of service. The case then proceeds under standard civil procedures (including fees and appeal rights). Courts and the benchbook emphasize the importance of this 10-day removal window.

Small Claims Courts in Major Montana Communities

• Billings (Yellowstone County Justice Court): The Yellowstone County Courthouse is located at 217 N. 27th St., Billings, MT 59101. The county site provides information on civil and small-claims divisions and their contact details.
• Missoula (Missoula County Justice Court): The Missoula County Justice Court's physical address is located at 200 W. Broadway, Missoula, MT 59802. The small claims page helps self-represented litigants navigate the procedure and provides access to court records information.
• Bozeman (Gallatin County Justice Court of Record): The Gallatin County Justice Center is at 515 S. 16th Ave., Ste. 1100, Bozeman, MT 59715. Residents may find information such as small claims forms, contacts, and general venue rules on the county’s website.G
• Great Falls (Cascade County Justice Court): The court’s address is located at 415 2nd Ave. N., Great Falls, MT 59401. Small claims cases up to $7,000 fall within the county’s jurisdiction, and it provides relevant contact information for civil and small claims support.

Individuals may confirm work hours, filing requirements, and procedures from the county’s Justice Court website before proceeding with filing a small claims case.

What to Expect at a Small Claims Hearing in Montana

In Montana, small claims hearings are conducted as informal bench trials and overseen by a judge. The court swears in both parties and holds a hearing for a brief testimony. Individuals are also required to provide organized exhibits (contracts, invoices, texts/emails, photos, and repair estimates), including witness statements. Many courts issue verdicts verbally or by short written order. If you prefer a jury trial or attorney representation, you may file an application to the Justice Court civil docket.

Appeals. If you lose a small claims case, you may appeal to the District Court within 10 days of entry of judgment. Appeals are limited to legal questions only, and there are no new trials or re-examinations of facts. The case record is transferred to the District Court under the statutes. Recent rulings from the Montana Supreme Court emphasize that the appeal process in small claims cases is strictly governed by statute, and the deadline for briefs is governed by local protocols.

How to Search for Small Claims Records in Montana

In Montana, most small claims case information is public unless it is sealed by law or court order. Under the law, certain sensitive information is redacted to protect the identity of the subject of record. The availability of document images varies, and the public may find the register of actions, names of parties, scheduled events, and dispositions on records.

1. The Montana Courts of Limited Jurisdiction Public Access Portal (official). Members of the public may search small claims dockets from participating Justice, City, and Municipal Courts. The Judicial Branch portal links to the Court of Limited Jurisdiction (COLJ) website, which outlines the courts that are currently part of the centralized system.
2. District Court Public Access Portal (official). If a small claims case is appealed to the District Court, you may track it on the District Court portal. The Gallatin and Cascade County Clerk websites link directly to the search page and reveal what records are available to the public.
3. County Justice Court pages. In Montana, many counties maintain individual websites that provide information about filing instructions, fee schedules, and contact details for copy requests and certified records (Yellowstone, Missoula, Gallatin, and Cascade Counties).

Official case files are preserved by the Justice Court where the case was decided. The public portals provide access to the register of actions for participating courts in the online system. For certified copies or records that are not publicly accessible, individuals may request them from the Justice Court Clerk.