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Montana Small Claims

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Small Claims State Research

Montana Small Claims are filed in County Justice Court. General procedures are:

  • The amount in question in a small claims case cannot be more than $7,000.
  • It must be a fixed amount that’s easily determined, like a balance on a bill. Small claims court cases do not address “damages” claimed for some sort of wrong.
  • Claims may be filed in the county where the defendant lives or where he or she may be served.

Juries are not used in small claims court. If a party prefers a jury trial, the case must be removed to justice court. The request must be made within 10 days after the complaint is served on the defendant.

  • A hearing must be set within 40 days of the date the claim is filed.
  • A defendant must be given at least five days notice before a hearing.
  • The parties may ask the court for more time. Typically such a request must be made before the date of the hearing.

In all small claims:

  • If a defendant believes the plaintiff owes him money, he may file a counterclaim.
  • The counterclaim must involve the same dispute as the original complaint.
  • It must be served on the plaintiff at least 72 hours before the scheduled date of the trial.
  • The amount of the counterclaim cannot be more than $6,500. will assist you with your question in regards to the procedures required for the state of Montana.

Courtlinked will review your case and file your small claims in the correct venue. will handle your entire Montana small claims from start to finish.

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