Montana
Montana Small Claims Court: $7,000 Limit, Fees and How to File
Independently fact-checked against primary sources (last audited October 7, 2026). · 35 primary sources cited on this page. How we verify our legal content
Montana's small claims limit is $7,000, not counting costs. Under Montana Code Annotated (MCA) § 25-35-502(1), small claims court hears claims for money or specific personal property up to that amount, as long as the defendant can be served in the county where you file; the limit was last amended in 2011.
Small claims in Montana is a division of the justice's court, and in some places the city court. Montana law also lets a county create a separate small claims court within the district court (MCA § 3-12-102); where one exists, it follows the same small claims procedure (MCA § 3-12-107). Two rules set it apart from most states: lawyers are barred unless every party has one, and no party may file more than 10 small claims in a calendar year. This guide walks through a Montana small claims case in the order you will live it. For other states, see our guide to small claims court by state.
Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers small claims under MCA Title 25, chapter 35, parts 5 through 8, in Montana's justice's courts (and city courts where they hear small claims). It does not cover evictions, regular civil cases in justice's court or district court, or small claims in other states.
Montana small claims limit: $7,000
MCA § 25-35-502(1) sets the ceiling: "The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced."
Three conditions are packed into that sentence:
- The amount. $7,000 or less, not counting court costs. The same limit applies to every claimant.
- The relief. Money, or the return of specific personal property. The statute does not give small claims court power to order anything else.
- The defendant's location. The defendant must be servable within the county where you file.
The official code page shows no amendment to the $7,000 figure in 2025 or 2026; the last change was in 2011. Montana's legislative search was not fully checked for pending bills, so confirm with the clerk if you are filing near a session year.
Small claims versus the justice's court civil docket
Montana's justice's courts also run a regular civil docket with a higher ceiling. Under MCA § 3-10-301(1), the justice's court civil docket hears contract money claims, property damage claims, most personal injury claims and claims to recover personal property, up to $15,000, not counting court costs and attorney fees. That $15,000 figure is the regular justice's court limit, not the small claims limit.
| Track | Limit | Lawyers | Jury | Source |
|---|---|---|---|---|
| Small claims (justice's court) | $7,000, exclusive of costs | Only if all parties have one | No | MCA § 25-35-502, -505 |
| Justice's court civil docket | $15,000, exclusive of court costs and attorney fees | Yes | Yes, after removal from small claims | MCA § 3-10-301(1), § 25-35-605 |
A district court judge may also move a district court case of $7,000 or less down to small claims.
Claims over $7,000
A claim above $7,000 belongs on the justice's court civil docket or in district court. We could not verify whether Montana lets you waive the amount over $7,000 to stay in small claims, or whether doing so would bar you from suing later for the rest, so talk to the clerk or a lawyer before you give up any part of a larger claim.
Every claim also has a filing deadline. Our Montana statute of limitations guide explains how long you have for different kinds of claims.
Who can file, and how often
Under MCA § 25-35-505, parties to a small claims case can be individuals, partnerships, corporations, unions, associations and other entities, with one exception: the state of Montana and its agencies cannot be parties. Personal representatives, guardians and conservators can also be parties.
Two more limits come from the same section:
- Only the original parties. You can sue only if you were a party to the original transaction. The exception is a claim assigned under MCA § 27-1-718.
- Ten claims a year. A party may not file more than 10 small claims in any calendar year.
Typical small claims include an unpaid loan or bill, a contractor who took money and did not finish, property damage, or a landlord who kept a security deposit. For the deposit rules, see our Montana landlord-tenant laws guide.
How to start a case
A small claims case begins when you appear before a justice of the peace or the justice's clerk and sign a sworn small claims complaint (MCA § 25-35-601(1)). Under § 25-35-601(2), the justice must help you prepare the complaint (or have the clerk help), and you receive a plain-language pamphlet on small claims procedure. The court's checklist notes that court staff cannot give legal advice.
The Montana Judicial Branch publishes the small claims forms on its civil forms page: the complaint, the order and notice to defendant, the counterclaim, the praecipe and the interpleader.
Ask for payment before you file. The sworn complaint form in MCA § 25-35-602 states that the money is unpaid "despite demands for the payment of the sum," and the court's checklist recommends a demand letter sent by certified mail, with proof of mailing brought to the hearing. We found no mediation requirement.
Filing fees
Filing costs $30: the $20 small claims fee under MCA § 25-35-608 plus the $10 court information technology surcharge that every civil filing pays under MCA § 3-1-317. A defendant who appears to contest the claim or files a counterclaim pays $20 ($10 fee plus the $10 surcharge). Service costs are extra.
| Fee | Small claims fee (MCA § 25-35-608) | Technology surcharge (MCA § 3-1-317) | Total |
|---|---|---|---|
| Plaintiff, filing the sworn complaint | $20 | $10 | $30 |
| Defendant, appearing to contest or filing a counterclaim | $10 | $10 | $20 |
These totals match the court's current small claims instructions. A 2018 court checklist lists $15 for the defendant; ask the clerk if you see a different figure.
Service and execution. The court's instructions put the cost of service by a sheriff, constable or process server at about $15 plus mileage per service, and the cost of an execution (levy) at about $15 plus mileage. These are approximate and vary by county.
Fee waiver. Under MCA § 25-35-608, the laws on paupers' affidavits (fee waivers for people who cannot afford court costs) apply in small claims court. If you cannot afford the fees, you can ask the court to waive them by filing an affidavit, supported by a financial statement, under MCA § 25-10-404; the $10 surcharge can be waived on the same showing (MCA § 3-1-317(2)).
Lawyers are barred unless everyone has one
Under MCA § 25-35-505, a party may not be represented by an attorney in small claims court unless all parties are represented by an attorney.
Businesses. A corporation may appear through a director, officer or employee. A limited liability company may appear through a member with a majority interest.
A defendant who wants a lawyer or a jury. The defendant can move the case out of small claims and into the regular justice's court by filing a notice of removal within 10 days after being served with the complaint and order (MCA § 25-35-605). Under § 25-35-605, a defendant who does not request removal in time waives the right to a jury trial and to representation by an attorney. Removal carries a risk: if you remove the case and then lose in justice's court, the court may order you to pay the plaintiff's reasonable attorney fees (MCA § 25-35-806(2)).
Where to file
Under MCA § 25-35-504, venue in small claims is the same as for civil actions in justice's court. The defendant must also be servable within the county where you file (§ 25-35-502). Ask the clerk if you are unsure which county is proper.
Serving the defendant
After you file, the court issues an order and notice. Under MCA § 25-35-604, a copy of the order and notice, along with a copy of your sworn complaint, must be served on the defendant by the sheriff, a constable or another process server, who returns the original order to the court.
The order sets the date the defendant must appear and warns that a default judgment can be entered if the defendant does not.
The hearing is set 10 to 40 days after the order, and the defendant must be served at least 5 days before it (MCA § 25-35-603). If service is late, ask the clerk for a new date and a new order; new orders can be issued for up to 1 year after you file.
If you are the defendant
Show up or remove the case. You appear at the hearing to contest the claim, and contesting it carries a fee (see the fee table above). If you want a lawyer or a jury, file the notice of removal to justice's court within 10 days of service, or those rights are waived.
Counterclaims. You can bring a counterclaim arising out of the same transaction or occurrence by appearing before the justice and signing a sworn counterclaim (MCA § 25-35-606). A counterclaim or setoff may not exceed $6,500. If yours is larger, the plaintiff's case stays in small claims, but the court decides your counterclaim only to the extent of whether it cancels out the plaintiff's claim. Under MCA § 25-35-606(1), you must have the counterclaim served on the plaintiff at least 72 hours before the hearing, in the same way the plaintiff's papers were served on you.
Setting aside a default. We could not find the procedure or deadline for asking a Montana small claims court to set aside a default judgment. Contact the clerk right away if you missed the hearing.
Military defendants. Federal law adds a step before a default judgment. Under the Servicemembers Civil Relief Act, when a defendant does not appear, the court must require the plaintiff to file an affidavit stating whether the defendant is in military service before entering judgment (50 U.S.C. § 3931(b)(1)).
Debt collection suits. A debt collector suing a consumer may sue only where the consumer signed the contract or lives when the case starts (15 U.S.C. § 1692i(a)(2)).
The hearing
A justice of the peace (or city judge) hears the case without a jury. Under MCA § 25-35-701, the hearing and disposition of a small claims case are informal.
Bring your evidence and your witnesses. Witnesses can testify in person, or written evidence can be offered, and the judge may direct a party to produce evidence (MCA § 25-35-702). The court has the same subpoena power as in other justice's court civil cases. After the hearing, the justice makes findings and enters judgment (MCA § 25-35-801). The winner is entitled to court costs (MCA § 25-35-802).
Appeals: 10 days, questions of law only
Either party who is dissatisfied with the judgment can appeal to the district court of the county where the judgment was entered (MCA § 25-35-803). The deadline is short: within 10 days after entry of judgment, you must file a written notice of appeal with the small claims court and serve a copy on the other side.
The appeal is narrow. Under § 25-35-803, there is no trial de novo in the district court, and the appeal is limited to questions of law. The district court does not rehear the facts. If the parties have lawyers on appeal, the court may award the winner reasonable attorney fees in addition to costs (MCA § 25-35-806(1)).
The entire record must reach the district court within 30 days after the notice of appeal, or the appeal is dismissed; it is up to the appealing party to perfect the appeal (MCA § 25-35-804). The court's instructions say an appeal bond may be required; we did not find that requirement in the statute.
Collecting a Montana small claims judgment
Winning a judgment does not guarantee payment, and the court does not collect the money for you. If the other side does not pay, the court's instructions describe two main tools:
- Execution. You can ask the court for a writ of execution directing the sheriff or a constable to levy on the debtor's bank accounts, wages, personal property and vehicles, excluding necessities. Each execution costs about $15 plus mileage.
- Debtor examination. You can ask for a show-cause hearing at which the debtor must answer questions about income and assets.
Interest. Under MCA § 25-9-205, judgment interest is the Federal Reserve's H.15 bank prime loan rate plus 3 percent, and the interest may not be compounded. The prime rate used is the one set as of January 1 of that year, which stays in effect through December 31. If a contract sets its own rate, that rate applies. We did not look up the current numeric rate.
How long a judgment lasts. An action on a judgment must be brought within 10 years (MCA § 27-2-201), and the court's instructions say a judgment remains valid for 10 years. You can have a writ of execution issued at any time within that period (MCA § 25-13-101). The court's instructions also say you can file a Certification of Transcript of Docket with the clerk of the district court to place a lien on real property the debtor owns. We did not verify how to renew a judgment.
Exemptions. Some of a debtor's property and wages are protected from collection. Our Montana debt collection laws guide covers those protections. Federal benefits are protected too: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).
Claims against the federal government
A claim against a federal agency, or a federal employee acting on the job, is not a Montana small claims case. The claim must first be presented to the agency, and a lawsuit can follow only after the agency finally denies it in writing (28 U.S.C. § 2675(a)). The written claim is due within two years (28 U.S.C. § 2401(b)), and federal district courts have exclusive jurisdiction over these tort claims (28 U.S.C. § 1346(b)(1)). Claims against the state of Montana or a state agency cannot be brought in small claims court at all (MCA § 25-35-505).
Official forms and resources
- Montana civil forms, including small claims (complaint, order and notice, counterclaim, praecipe, interpleader)
- Small Claims Instructions (Montana Judicial Branch)
- Courts of Limited Jurisdiction (justice's and city courts)
- MCA § 25-35-502 (the $7,000 limit)
Related
- Small claims court by state
- Montana statute of limitations
- Montana landlord-tenant laws
- Montana debt collection laws
- Idaho small claims court
- Wyoming small claims court
Disclaimer: This article provides general legal information about small claims in Montana under MCA Title 25, chapter 35, and the other Montana and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the clerk of your justice's court, a legal aid office, or a lawyer licensed in Montana.
Last updated: 2026-10-07.
Frequently Asked Questions
What is the small claims limit in Montana?
$7,000, not counting costs, under MCA § 25-35-502(1). The claim must be for money or specific personal property, and the defendant must be servable in the county where you file.
Is the Montana small claims limit $15,000?
No. $15,000 is the justice's court regular civil limit under MCA § 3-10-301(1), covering contract, property damage and most personal injury claims. Small claims stays at $7,000.
Can I have a lawyer in Montana small claims court?
Only if all parties are represented by attorneys (MCA § 25-35-505). A defendant who wants a lawyer can remove the case to justice's court within 10 days of service.
How many small claims can I file in Montana?
No more than 10 in any calendar year, under MCA § 25-35-505.
How much does it cost to file small claims in Montana?
$30: the $20 small claims fee under MCA § 25-35-608 plus the $10 court technology surcharge under MCA § 3-1-317. A defendant who contests or counterclaims pays $20. Service costs are extra.
Can I get a jury trial in Montana small claims court?
Not in small claims. A defendant can remove the case to justice's court within 10 days of service to keep the right to a jury (MCA § 25-35-605).
Can I sue the State of Montana in small claims court?
No. MCA § 25-35-505 bars the state and any state agency from being a party to a small claims case.
How long do I have to appeal a Montana small claims judgment?
10 days after entry of judgment, by written notice to the small claims court served on the other side (MCA § 25-35-803). The district court reviews questions of law only.
How large can a counterclaim be in Montana small claims?
A counterclaim or setoff may not exceed $6,500 under MCA § 25-35-606(2), and it must arise from the same transaction or occurrence.
How long is a Montana small claims judgment good for?
An action on a judgment must be brought within 10 years under MCA § 27-2-201, and the court's instructions say a judgment remains valid for 10 years.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 25
§ 25-35-502JurisdictionIn forcecited in 2 of our articles
25-35-502. Jurisdiction. (1) The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced. (2) The small claims court has jurisdiction over an interpleader under 25-35-508 in which the amount claimed does not exceed $7,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Also relied on in: Montana Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
§ 25-35-505Parties -- RepresentationIn force
25-35-505. Parties -- representation. (1) Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state. (2) A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court. (3) (a) Individuals may represent themselves in a small claims court. (b) A partnership may be represented by a partner or one of its employees. (c) A union may be represented by a union member or union employee. (d) A corporation may be represented by one of its directors, officers, or employees. (e) Except as provided in 35-8-301, a limited liability company as defined in 35-8-102 may be represented by a member with a majority interest in the limited liability company. (f) An association may be represented by one of its members or by an employee of the association. (g) Any other kind of organization or entity may be represented by one of its members or employees.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-803Appeal To District Court -- Commencement And ScopeIn force
25-35-803. Appeal to district court -- commencement and scope. (1) If either party is dissatisfied with the judgment of the small claims court, the party may appeal to the district court of the county where the judgment was rendered. An appeal must be commenced by giving written notice to the small claims court and serving a copy of the notice of appeal on the adverse party within 10 days after entry of judgment. (2) There may not be a trial de novo in the district court. The appeal must be limited to questions of law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-605Removal To Justice's Court -- Effect Of Failure To RemoveIn force
25-35-605. Removal to justice's court -- effect of failure to remove. (1) Any action commenced in small claims court may be removed to justice's court by a defendant upon the filing of a notice of removal with the justice within 10 days of the service of the complaint and order. From the time of filing of the notice of removal, the court to which the action is removed has and exercises the same jurisdiction over it as though the action had been originally commenced in justice's court. (2) Upon the filing of a notice of removal, the court shall give notice of that fact to all other parties to the action. All rules and statutes governing proceedings originally commenced in justice's court, except rules of pleading but including rules and statutes governing appeals from justice's court, are applicable to proceedings removed to justice's court, except that a plaintiff is not required to replead unless the court so orders, and a fee may not be required of a plaintiff for the filing of a complaint if a fee for filing was paid in small claims court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-606Defendant's CounterclaimIn force
25-35-606. Defendant's counterclaim. (1) The defendant may assert a counterclaim against the plaintiff arising out of the same transaction or occurrence that is the subject matter of the plaintiff's claim by appearing before the justice of the peace and executing a sworn small claims counterclaim in substantially the same form as set forth in subsection (3). The defendant shall cause the counterclaim to be served on the plaintiff not less than 72 hours before the date set for the hearing. Service must be made in the same manner in which service of the order of court/notice to defendant is made on the defendant. A defendant may not assert as a counterclaim any claim not arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim. (2) A counterclaim or setoff may not exceed $6,500.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-608FeesIn force
25-35-608. Fees. (1) The clerk of the justice's court shall collect a fee of: (a) $20 from the plaintiff upon the filing of the sworn complaint; and (b) $10 from the defendant upon the defendant's appearance and contesting of the complaint or execution of a counterclaim. (2) The laws relating to paupers' affidavits apply to actions before the small claims court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-504VenueIn force
25-35-504. Venue. Proper venue for actions commenced in the small claims court is the same as that provided by law for civil actions commenced in justice's court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
§ 25-35-804Record On AppealIn force
25-35-804. Record on appeal. (1) Within 30 days of the notice, the entire record of the small claims court proceedings must be transmitted to the district court or the appeal must be dismissed. It is the duty of the appealing party to perfect the appeal. (2) When notice of appeal is filed, the justice shall forward the electronic recording or transcript of the stenographic record of the proceedings to the district court, together with the original papers filed, certified by the justice to be accurate and complete. When the record is transferred to the clerk of the district court, the justice shall notify the parties in writing.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
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Sources and References
- MCA § 25-35-502, Small claims court jurisdiction ($7,000 limit)(mca.legmt.gov).gov
- MCA § 3-10-301, Justice's court civil jurisdiction(mca.legmt.gov).gov
- MCA § 25-35-505, Parties; attorneys; limit on claims(mca.legmt.gov).gov
- MCA § 25-35-605, Removal to justice's court(mca.legmt.gov).gov
- MCA § 25-35-601, Commencement of action(mca.legmt.gov).gov
- Montana Judicial Branch: Civil Forms (small claims)(courts.mt.gov).gov
- MCA § 25-35-608, Fees(mca.legmt.gov).gov
- Montana Judicial Branch: Small Claims Instructions(courts.mt.gov).gov
- Montana Judicial Branch: Small Claims Court Checklist (benchbook, 2018)(courts.mt.gov).gov
- MCA § 25-35-504, Venue(mca.legmt.gov).gov
- MCA § 25-35-604, Service of order and notice(mca.legmt.gov).gov
- MCA § 25-35-606, Counterclaim(mca.legmt.gov).gov
- 50 U.S.C. § 3931, Servicemembers Civil Relief Act: protection in default judgments(govinfo.gov).gov
- 15 U.S.C. § 1692i, Fair Debt Collection Practices Act: legal actions by debt collectors(govinfo.gov).gov
- MCA § 25-35-701, Informal hearing(mca.legmt.gov).gov
- MCA § 25-35-702, Evidence and witnesses(mca.legmt.gov).gov
- MCA § 25-35-803, Appeal to district court(mca.legmt.gov).gov
- MCA § 25-35-804, Transmission of record on appeal(mca.legmt.gov).gov
- MCA § 25-9-205, Interest on judgments(mca.legmt.gov).gov
- MCA § 27-2-201, Actions on judgments (10 years)(mca.legmt.gov).gov
- 42 U.S.C. § 407, Social Security benefits protected from legal process(govinfo.gov).gov
- 38 U.S.C. § 5301, VA benefits exempt from creditors(govinfo.gov).gov
- 28 U.S.C. § 2675, Disposition by federal agency as prerequisite to suit(govinfo.gov).gov
- 28 U.S.C. § 2401, Time for commencing action against the United States(govinfo.gov).gov
- 28 U.S.C. § 1346, United States as defendant(govinfo.gov).gov
- Montana Judicial Branch: Courts of Limited Jurisdiction(courts.mt.gov).gov
- MCA § 3-1-317, Court information technology user surcharge(mca.legmt.gov).gov
- MCA § 25-35-602, Small claims complaint form(mca.legmt.gov).gov
- MCA § 25-35-603, Hearing date and service(mca.legmt.gov).gov
- MCA § 25-35-802, Costs(mca.legmt.gov).gov
- MCA § 25-35-806, Attorney fees upon appeal or removal(mca.legmt.gov).gov
- MCA § 25-10-404, Waiver of fees for persons unable to pay(mca.legmt.gov).gov
- MCA § 25-13-101, Time limit for issuing execution(mca.legmt.gov).gov
- MCA § 3-12-102, Small claims court authorized (district court)(mca.legmt.gov).gov
- MCA § 3-12-107, Procedure in district court small claims courts(mca.legmt.gov).gov