Montana Small Claims Court
Owed money in Montana? Here's the dollar limit, the court that hears it, what filing costs — and a free demand letter to send first, which resolves many disputes without a case. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Montana small claims · as of 2026
- Maximum claim
- $7,000
- Court
- Small Claims Court (a division of Justice Court; some district courts also operate a small claims division)
- Filing fee
- $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions)
- Lawyers at the hearing
- Prohibited unless ALL parties are represented by an attorney (MCA 25-35-505)
Source: Mont. Code Ann. § 25-35-502 · verify ↗. Limits and fees change — confirm with the Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) clerk before filing.
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How to file in Montana — the short version
- Demand first. Send the letter above by a trackable method and keep proof — judges expect it, and it often gets you paid without a case.
- File with the Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) where the defendant lives or the dispute happened. Fee: $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions).
- Serve the defendant the way Montana rules require (clerk, sheriff, certified mail, or process server — ask the clerk). Bad service is the #1 way cases get thrown out.
- Bring evidence: contracts, invoices, photos, messages, this demand letter and its delivery proof, and any witnesses.
- Collect. If you win and they don't pay, ask the clerk about garnishment, levy, and liens.
Check the current Montana small claims rules before filing.
Frequently asked questions
How much can I sue for in Montana small claims court?
The limit is $7,000 (as of 2026). Max $7,000 exclusive of costs (MCA 25-35-502, last adjusted 2011 — not $7,500 as often reported). The defendant must be servable within the county where the action is begun. Source: Mont. Code Ann. § 25-35-502. If you're owed more, you can sue in the regular civil court instead — or waive the excess and stay in small claims, which is usually faster and cheaper.
Where do I file?
In Montana, small claims cases are heard by the Small Claims Court (a division of Justice Court; some district courts also operate a small claims division), generally in the county (or district) where the defendant lives or where the dispute happened. Filing fee: $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions). Check the exact venue rule when you file — filing in the wrong place gets cases dismissed.
Can I bring a lawyer?
In Montana: Prohibited unless ALL parties are represented by an attorney (MCA 25-35-505). Either way, small claims procedure is deliberately informal — you present your story, your documents, and your witnesses directly to the judge.
What happens if I win but they don't pay?
A judgment isn't a check — if the defendant doesn't pay voluntarily, you enforce it: wage garnishment, bank levy, or property liens, depending on Montana law. The court clerk can point you to the forms. Judgments also accrue interest and stay enforceable for years, so a stubborn debtor doesn't run out the clock quickly.
How does Montana compare? See the small claims limits in all 50 states, every figure cited to statute.
How Montana compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Montana: Mont. Code Ann. § 25-35-502 ↗.
- Small claims limit
Small claims limit: $7,000 — below the national median of $10,000 across the 51 states with a statutory rule.
Ranked #32 of 51 states (tied with 2) — higher means larger disputes can use the small claims process.
2 other states use the same figure.
Small claims limit in neighboring states — Idaho ($5,000), North Dakota ($15,000), South Dakota ($12,000), Wyoming ($6,000).
The rest of what Montana requires
The figures below are Montana's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Montana page for that document.
- Security deposit cap · as of 2026
- No statutory limit Mont. Code §70-25-202 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Mont. Code §70-25-202 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Mont. Code §70-25-202 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Rental application fee · as of July 2026
- No statutory limit Montana Code ↗
- Bill of sale notarization · as of 2026
- Not required Montana MVD (Form MV24) ↗
- Power of attorney signing · as of 2026
- Notarization recommended Mont. Code §72-31-305 (form §72-31-353) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) ↗
- Recording a deed · as of 2026
- County Clerk and Recorder · no witnesses MCA 70-20-101 ↗
Small claims guide in other states
More Montana legal forms
Different state? See small claims rules by state →