Short answer. In Montana, small claims (Small Claims Court (Justice Court small claims; small claims divisions of district court also exist by statute)) cover claims up to $7,000. Where to file: County where the defendant can be served (MCA 25-35-502); the court form says the defendant must live in the county or be able to be served in the county. Montana's filing fee wasn't on the official page we checked; ask the clerk.
Can I file my claim in Montana small claims?
Enter an amount to compare it with the Montana limit of $7,000.
Montana small claims at a glance
- Limit
- $7,000. MCA 25-35-502 (2025 code): small claims jurisdiction over actions for 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. Last amended 2011 (Ch. 284, L. 2011). A Montana courts justice court form also states real estate eviction cases cannot be filed in small claims.
- Also
- interpleader (MCA 25-35-508): $7,000
- Court
- Small Claims Court (Justice Court small claims; small claims divisions of district court also exist by statute)
- Who can file
- Per Montana Judicial Branch justice court form: plaintiff must file in person and be sworn to the complaint; form says to send a certified demand letter and wait 10 days before filing. Defendant must be servable in the county.
- Lawyers
- Allowed with limits
- Where to file
- County where the defendant can be served (MCA 25-35-502); the court form says the defendant must live in the county or be able to be served in the county.
- Serving the other side
- Court form lists 'Service of Order'; counterclaims must be served on the plaintiff by sheriff or process server. Check the local justice court for details.
- Appeal
- Per Montana courts justice court form: appeal within 30 days from signed judgment date; case transfers to district court (form lists a $300 good-faith deposit/bond requirements and a $20 transfer fee; check current amounts).
Not confirmed from a current official source. A Montana Judicial Branch justice court comparison form (revised 07/2013) lists a $30 filing fee, $10 counterclaim fee and $20 defendant appearance fee, but its age means the current amount must be checked with the local justice court.
Not confirmed for Montana: filing fees, online filing. The official Montana page we checked didn't state these, so we left them out. Ask the clerk or see the official page.
Filing a small claim in Montana, step by step
- Check that your claim fitsUse the checker above: the Montana limit is $7,000, and the official wording is in the summary. Count only what you can show with papers or photos.
- Pick the right courtCounty where the defendant can be served (MCA 25-35-502); the court form says the defendant must live in the county or be able to be served in the county.
- Fill out the claim and pay the feeNot confirmed from a current official source. A Montana Judicial Branch justice court comparison form (revised 07/2013) lists a $30 filing fee, $10 counterclaim fee and $20 defendant appearance fee, but its age means the current amount must be checked with the local justice court.
- Have the other side servedCourt form lists 'Service of Order'; counterclaims must be served on the plaintiff by sheriff or process server. Check the local justice court for details.
- Get ready for the hearingLawyers: allowed with limits. Bring the contract, receipts, photos, messages and a short timeline, with copies for the judge and the other side.
- After the decisionPer Montana courts justice court form: appeal within 30 days from signed judgment date; case transfers to district court (form lists a $300 good-faith deposit/bond requirements and a $20 transfer fee; check current amounts).
Official Montana links
Last checked November 2026.
General information checked against the official Montana pages above, not legal advice. MCC Solutions isn't a law firm and isn't affiliated with any court. Rules and fees change: the official page and the clerk have the final word. The checker runs in your browser, and nothing you enter is sent or saved.
Montana small claims questions
What is the small claims limit in Montana?
$7,000. MCA 25-35-502 (2025 code): small claims jurisdiction over actions for 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. Last amended 2011 (Ch. 284, L. 2011). A Montana courts justice court form also states real estate eviction cases cannot be filed in small claims.
Can a lawyer represent me in Montana small claims?
Allowed with limits in Montana, per the official page. Per Montana Judicial Branch justice court form: plaintiff must file in person and be sworn to the complaint; form says to send a certified demand letter and wait 10 days before filing. Defendant must be servable in the county.
Where do I file a small claim in Montana?
County where the defendant can be served (MCA 25-35-502); the court form says the defendant must live in the county or be able to be served in the county.
Can I appeal a small claims decision in Montana?
Per Montana courts justice court form: appeal within 30 days from signed judgment date; case transfers to district court (form lists a $300 good-faith deposit/bond requirements and a $20 transfer fee; check current amounts).
How is the other side served in a Montana small claims case?
Court form lists 'Service of Order'; counterclaims must be served on the plaintiff by sheriff or process server. Check the local justice court for details.
Does Montana have a different limit for some claims?
interpleader (MCA 25-35-508): $7,000. Check the official page for which claims each one covers.
Compare every state: small claims limits by state · Missouri small claims · Nebraska small claims