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Montana Small Claims Court

Justice Court, Small Claims Division, for claims up to $7,000.

Last checked November 1, 2026

The most you can ask for$7,000
LawyersLawyers limited
Time to sue on a contract6 years
Good to know

Excludes costs. Covers money or specific personal property, and the defendant must be servable in the county. Counterclaims are capped at $6,500. A party may file no more than 10 claims a year, apart from shoplifting claims. Regular Justice Court civil cases go up to $15,000.

Lawyers: A party can use a lawyer only if all parties have one. A defendant who wants a lawyer or a jury must move the case to regular Justice Court within 10 days of service.

How it works in Montana

  1. Send a written demand and give the other side a reasonable time to respond.
  2. Go to the Justice Court clerk and sign a sworn complaint. The justice or clerk must help you prepare it.
  3. Pay the filing fee, or file a fee waiver statement if you cannot afford it.
  4. Have the sheriff or a process server serve the defendant at least 5 days before the hearing, which must be set within 40 days of filing.
  5. Bring your witnesses and documents to the hearing. There is no jury in small claims.

What it costs

About $30 according to the Montana Courts instructions; the statute's base fee is $20. Service costs extra.

How long you have to sue

Written contract6 years
Spoken agreement5 years
Damage to property2 years
Personal injury3 years

MCA 27-2-202, 27-2-204, 27-2-207. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Either side can appeal to district court within 10 days after judgment by written notice to the court and the other party; the appeal covers questions of law only, not a new trial.

MCA 27-2-202 now gives 6 years for written contracts (amended by Ch. 665, L. 2023, and Ch. 174, L. 2025). A Montana Legal Services FAQ last reviewed in March 2023 still says 8 years, so many sources are likely stale. MCA 27-2-204 has a new version effective 1 October 2026 that adds a cross-reference to 27-2-219. The general 3-year period is unchanged. No change to the $7,000 small claims limit found since the 2011 amendment.

Sources

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General information to help you get organized, last checked November 1, 2026. It isn't legal advice, and SueYou isn't a law firm. Laws change and every case is different, so confirm anything important with a lawyer or the court. No lawyer has reviewed this page yet.