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 the SealForms editorial team · 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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Demand for Payment
__________
From: __________
To: __________
This letter is a formal demand for payment of $______, owed to me for the following: __________ .
I have already attempted to resolve this: __________ . The amount remains unpaid.
If I do not receive full payment within ____ days of the date of this letter, I intend to file a claim against you in the Montana Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) without further notice. A judgment could add court costs and interest to the amount you owe, and may affect your credit.
I would prefer to resolve this without going to court. You can contact me at the address above to arrange payment.
Generated with SealFormsStep one before filing in Montana · 2026
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.
Do I have to send a demand letter first?
Send one even where it isn't strictly required: many judges expect proof that you asked for the money in writing before filing, some statutes require it, and in practice a firm dated letter with a deadline resolves a large share of disputes without a case. Use the free generator on this page and send it in a way you can prove (certified mail or another trackable method).
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).
Small claims guide in other states
More Montana legal forms
Different state? See small claims rules by state →