--- title: "Montana Eviction Process and Court Timeline | MCC Solutions" description: "Montana eviction court steps: answer 5 court days, writ No wait stated, lockout Up to 5 court days, sheriff. From official pages, with the earliest dates and li" url: "https://mcc-solutionsnj.com/tools/eviction-process-montana" --- Eviction process · Montana # Montana eviction process and court timeline What happens after the landlord files: time to answer or appear, judgment to writ, writ to lockout, who carries out the lockout and right to counsel (statewide), from the state's own pages. **Short answer.** Five business days to file an Answer; the hearing must then be held within 10 business days of the Answer. Who carries out a lockout: sheriff. ## At a glance Time to answer or appear Five business days to file an Answer; the hearing must then be held within 10 business days of the Answer. "You have 5 business days to file your Answer with the Clerk of Court." Source 1 Judgment to writ If possession is granted, the court issues the writ of possession and writ of assistance immediately. "the court shall issue a writ of possession and a writ of assistance immediately" Source 2 Writ to lockout The sheriff executes the writ of assistance within 5 business days of receiving it, unless the landlord and sheriff agree otherwise. "within 5 business days of the sheriff receiving the writ" Source 2 Who carries out the lockout Sheriff. The sheriff executes the writ of assistance. "within 5 business days of the sheriff receiving the writ" Source 2 Right to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here. Local: Bozeman (2025) have their own right-to-counsel laws. "An eviction right to counsel is created by an enacted law that, at a minimum:" Source 3, National Coalition for a Civil Right to Counsel (secondary source) ## Sample timeline: filed Monday, December 7, 2026 **Earliest under the statute; courts' calendars often take longer.** Need the other side served? [Process serving with an affidavit of service](/notary/process-serving). - **Answer due (if served the day of filing):** Monday, December 14, 2026 - **Hearing or trial:** no date (The official pages don't give a period for setting the hearing) - **Judgment:** no date (Follows the hearing, which isn't dated here) - **Writ or warrant of possession:** no date (0 days after the judgment, which isn't dated here) - **Earliest lockout:** no date (0 court days after the writ, which isn't dated here) Another date: [open the estimator](/tools/eviction-timeline-estimator?state=mt). ## Want us to handle it? A runner files your papers in person at the clerk's window and sends you a scan of the stamped copy. We file what you prepared; we don't give legal advice. **Price:** Outside New Jersey it goes through our contractor network: quote-based, confirmed before any work starts, and booked once a local contractor accepts. In New Jersey it is from $75 per filing, court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay. [Request a court filing](/notary/court-filing#request) ## Help the official pages point to - Montana Legal Services Association, free legal help for low-income people (source 1) **Not stated on the pages we read:** court, filing fee, hearing after filing, paying to stop the case, diversion or mediation (statewide). ## Sources - [Montana Judicial Branch: Answering Your Landlord's Complaint to Evict You (05/23/23)](https://courts.mt.gov/external/library/forms/landlord/answering_action_possession.pdf) (checked November 2026) - [Montana Code Annotated 70-24-427: Landlord's remedies after termination, action for possession](https://mca.legmt.gov/bills/mca/title_0700/chapter_0240/part_0040/section_0270/0700-0240-0040-0270.html) (checked November 2026) - [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf) (checked November 2026) Sourced from official pages; a few facts from vetted secondary sources, marked "(secondary source)". General information, not legal advice; we are not lawyers. Not a court form. Earliest under the statute; courts' calendars often take longer. ## Common questions **How long does a tenant in Montana have to respond?** Five business days to file an Answer; the hearing must then be held within 10 business days of the Answer. **When can a Montana landlord get the writ after winning?** If possession is granted, the court issues the writ of possession and writ of assistance immediately. **How long between the writ and a lockout in Montana?** The sheriff executes the writ of assistance within 5 business days of receiving it, unless the landlord and sheriff agree otherwise. **Who carries out an eviction in Montana?** Sheriff. The sheriff executes the writ of assistance. The officer acts on the court's order. Notice step: [notice periods](/tools/landlord-tenant-notice-periods-by-state) · Deposit step: [deposit rules](/tools/security-deposit-rules-by-state) · All states: [eviction process by state](/tools/eviction-process-timeline-by-state) · [Minnesota](/tools/eviction-process-minnesota) · [New Hampshire](/tools/eviction-process-new-hampshire) ## Keep rental records in order [Bookkeeping for landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)