How do I file a small claims case in Montana to recover money owed?
In Montana, small claims (justice's court) handles money claims up to $7,000, as long as the defendant can be served within the county where you start the case. The court process is informal, and the clerk or justice will help a claimant prepare and file a sworn complaint in the required form.
A filing fee is collected when the complaint is filed, and the defendant may owe a fee if they appear and contest. Only a limited set of pleadings are allowed and hearings are handled informally.
Current Montana law
Every answer cites the statute
Free with a CiteLaw account
Get this handled for free in CiteLaw
Create a free CiteLaw account and run the Sue in Small Claims Court workflow in our AI Navigator. It asks a few questions about your situation, then prepares a filled claim form and an evidence checklist, grounded in the exact Montana law below.
Why CiteLaw instead of ChatGPT or Claude?
Real law, not guesses. Grounded in the actual Montana statutes and cases below, verified against CiteLaw's corpus. General chatbots can cite statutes and cases that do not exist.
A workflow for your exact problem. The curated Sue in Small Claims Court workflow walks you through your situation and prepares a filled claim form and an evidence checklist, not a generic wall of text.
A premium AI built for the law. Purpose-built to retrieve real legal authorities and apply them to any set of facts, not a general chatbot answering law questions on the side.
Free with a CiteLaw account. Takes about 3 minutes. Montana is already selected for you.
What Montana law says
The small claims court has jurisdiction over recovery of money or specific personal property when the amount claimed does not exceed $7,000, and the defendant can be served in the county where the action is commenced, under Mont. Code Ann. § 25-35-502. A small claims action is commenced when a person appears before the justice or clerk and executes a sworn small claims complaint in substantially the form set out in the statute; the justice must assist the claimant in preparing the complaint or instruct the clerk to provide assistance, and the court provides a pamphlet explaining procedures, under Mont. Code Ann. § 25-35-601. The clerk collects a fee of $20 from the plaintiff when filing the sworn complaint, and $10 from the defendant upon appearance and contest or counterclaim, and pauper (indigency) rules apply, under Mont. Code Ann. § 25-35-608. Only the complaint, the court order/notice to defendant, and a defendant counterclaim (if any) are permitted pleadings in small claims court, under Mont. Code Ann. § 25-35-607. The hearing and disposition of small claims actions are informal, under Mont. Code Ann. § 25-35-701. Relevant court rules address filing fees, service, and timing of pleadings in civil actions generally, see Mont. R. Civ. P. 7 and Mont. R. Civ. P. 5.
What to do
A common first step is to confirm the amount you are claiming is $7,000 or less and that the defendant can be served in the county, per Mont. Code Ann. § 25-35-502.
A common next step is to go to the justice's court or clerk and execute a sworn small claims complaint in the required form, where the justice or clerk will assist, per Mont. Code Ann. § 25-35-601.
A common step is to bring copies of your filled claim form and an evidence checklist and be prepared to pay the filing fee collected at filing, as described in Mont. Code Ann. § 25-35-608.
A common step is to prepare for an informal hearing by organizing documents, receipts, contracts, and witness names, because hearings are informal under Mont. Code Ann. § 25-35-701.
A common option is to be ready to respond to a counterclaim, noting that only limited pleadings are allowed in small claims court under Mont. Code Ann. § 25-35-607.
Let CiteLaw do this for you
Skip the manual work. The free Sue in Small Claims Court workflow walks these steps for you and prepares a filled claim form and an evidence checklist, grounded in Montana law. Run it now in the AI Navigator →
Common questions
What is the most I can sue for in Montana small claims court?
The small claims court has jurisdiction where the amount claimed does not exceed $7,000, under Mont. Code Ann. § 25-35-502.
Do I have to fill out a specific form to start the case?
Yes, a small claims complaint must be a sworn complaint in substantially the statutory form, and the justice or clerk must assist in preparing it, under Mont. Code Ann. § 25-35-601.
How much does it cost to file a small claims case?
The clerk collects $20 from the plaintiff when the sworn complaint is filed; the defendant owes $10 if they appear and contest or file a counterclaim, under Mont. Code Ann. § 25-35-608.
Can I file many different pleadings in small claims court?
No, only the complaint, the court order/notice to the defendant, and the defendant's counterclaim (if any) are allowed pleadings in small claims court, under Mont. Code Ann. § 25-35-607.
Every legal statement on this page links to the primary source, verified against CiteLaw's corpus. This page updates automatically when the law changes.
Ready to solve this?
Run the Sue in Small Claims Court workflow free in CiteLaw's AI Navigator and get a filled claim form and an evidence checklist prepared for you. All you need is a free CiteLaw account.
This content provides legal information only and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
