Start free

Small claims forms · Montana

Montana small claims court forms

Vera can't fill Montana's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

Organize my case — start free

To sue (you're the plaintiff)

  • The claim is filed in the small claims division of the justice's court. It covers "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". Venue is the same as for civil actions in justice's court (Mont. Code Ann. 25-35-502(1), 25-35-504).
  • Montana Courts publishes the small claims forms as Word (.doc) files: "Complaint", "Order and Notice to Defendant", "Counterclaim", and "Praecipe", with "Instructions for Small Claims Cases". Unlike the court's landlord forms, they carry no printed not-for-profit restriction (courts.mt.gov, Forms, Civil, Small Claims).
  • The plaintiff appears before the justice of the peace or the clerk and signs a sworn complaint; the justice or clerk helps prepare it and gives the plaintiff the Attorney General's small claims pamphlet. The court's instructions say to bring, for each defendant, two copies of the complaint, two copies of the Notice to Defendant, and one praecipe for the sheriff, constable, or process server (Mont. Code Ann. 25-35-601; Instructions for Small Claims Cases, courts.mt.gov).
  • The court sets the defendant's appearance 10 to 40 days from its order. The sheriff, constable, or other process server serves the order and a copy of the sworn complaint "not less than 5 days prior to the date set for the defendant's appearance"; if that is missed, the plaintiff may have a new date set and a new order issued (Mont. Code Ann. 25-35-603, 25-35-604(1)).
  • "A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court." A partnership may appear through a partner or employee, a corporation through a director, officer, or employee, and a limited liability company through a member with a majority interest. Only a party to the transaction may file, and a party may not file more than 10 claims in a calendar year except assigned claims under Mont. Code Ann. 27-1-718 (Mont. Code Ann. 25-35-505).
  • For a residential security deposit: within 30 days after the tenancy ends, or after a surrender and acceptance of the premises if sooner, the landlord gives a written list of charges with any refund; if there are no damages, cleaning, unpaid rent, or unpaid utilities, the deposit is returned within 10 days. A landlord who wrongfully withholds it is liable "for an amount equal to the sum determined to have been wrongfully withheld or deducted", and the tenant may not sue until the waiting periods in the statute have passed (Mont. Code Ann. 70-25-202(1), 70-25-204).

If you were sued (you're the defendant)

  • "No form of pleading other than the complaint, the order of the court/notice to defendant, and the counterclaim of the defendant, if there is one, is allowed." The order directs the defendant to appear and answer at the justice's court on the date set, with "all books, papers, and witnesses", and warns that otherwise "judgment will be taken against you by default" (Mont. Code Ann. 25-35-602, 25-35-607).
  • Within 10 days of service the defendant may file a notice of removal to justice's court. Not removing "constitutes a waiver by the defendant of the right to a trial by jury and representation by an attorney" (Mont. Code Ann. 25-35-605(1), (3)).
  • A counterclaim must arise out of the same transaction or occurrence as the plaintiff's claim. The defendant swears to it before the justice of the peace and has it served on the plaintiff "not less than 72 hours before the date set for the hearing", in the same way the order was served (Mont. Code Ann. 25-35-606(1)).
  • The statute caps a counterclaim or setoff at $6,500; a larger one is decided only as to whether it discharges the plaintiff's claim. The court's Instructions for Small Claims Cases still say a counterclaim may not exceed $2,500 (Mont. Code Ann. 25-35-606(2); Instructions for Small Claims Cases, courts.mt.gov).
  • "A party may not be represented by an attorney unless all parties are represented by an attorney in a small claims court." A corporation may appear through a director, officer, or employee (Mont. Code Ann. 25-35-505(2), (3)(d)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.