What Is a Small Claims Court in Montana?
The Montana Small Claims Court hears civil cases in an inexpensive and informal way. The maximum amount that case parties can claim in a Montana Small Claims Court is $7,000. Generally, Montana Small Claims Courts hear cases where one party sues another for personal property or money recovery. However, unlike some Small Claims Courts, Montana Small Claims Courts do not address claimed damages for wrongdoing. Some examples of small claims cases in Montana are:
- Security deposit cases
- Unpaid bills
- Other landlord-tenant disputes
How Do Montana Small Claims Court Work?
The Montana Small Claims Court is a division of the Justice Court, which is a court of limited jurisdiction. Title 25, Chapter 25 of the Montana Annotated Code guides the operations of the court in the state. Montana Small Claims Courts resolve cases that involve personal property or money recovery. The court’s jurisdictional limit is monetary - up to $7,000. Any persons aged 18 or above can bring a small claims case in Montana. Other entities like corporations, groups, agencies, and partnerships may also file small claims cases.
Case parties may appear in court Pro Se or with an attorney. The court only allows legal representation if all case parties have attorneys. If only one party has an attorney, the case may not remain in Small Claims Court. Parties dissatisfied with the judge’s ruling may appeal the case to a District Court within ten (10) days of the Justice Court’s judgment. However, there is no trial de novo in small claims appeals.
How to Take Someone To Small Claims Court in Montana
To take someone to Small Claims Court in Montana, the plaintiff must first send the defendant a demand letter. A demand letter is a simple letter stating the plaintiff’s claims and demands. If the defendant does not respond to the demand letter within 14 days, or if the plaintiff does not agree with the defendant’s response, the plaintiff may file a small claims complaint or a Form of Complaint and Order of Court/Notice to Defendant. The complaint must contain detailed information about the claim, including the defendant’s name and address, the amount the defendant owes, and the circumstances leading to the claim.
After completing the form, the plaintiff must execute the form in the presence of the Justice-Clerk or a Justice of the Peace. The plaintiff must then file the claim in person at the courthouse. The appropriate courthouse is one in the county where the defendant lives or conducts business or where the event leading to the claim happened. The Montana Judiciary provides an electronic Court Locator that is useful in locating courthouses. After the plaintiff files the claim, the Justice Clerk or the Justice of the Peace schedules a hearing for no less than ten (10) days and no more than 40 days after filing.
The plaintiff must then serve the defendant a notice of the claim at least five (5) days before the hearing date. The plaintiff may serve the notice through a process server, constable, or sheriff. If the plaintiff fails to serve the defendant the notice on time, the plaintiff may have the court set another hearing date. The court charges a $30 fee for filing a small claim.
How Much Can You Sue For in Montana Small Claims Court?
In Montana, a plaintiff can sue for up to $7,000. Persons with cases that exceed $7,000 but involve less than $12,000 may file a petition in the Circuit Court. For cases that involve more than $12,000, case parties may file a petition in the District Court. The Small Claims Court allows interested parties to file up to 12 claims each calendar year.
How to Defend Yourself in Montana Small Claims Court
After a plaintiff files a complaint, the defendant may pay the claim or respond to the claim with a counterclaim. The defendant may also attempt an out-of-court settlement. Alternatively, the defendant may transfer the case to the Justice Court. However, the defendant must initiate the transfer within ten (10) days of receiving the complaint.
In preparing for a small claims case, the plaintiff and the defendant should gather contract copies, notes receipts, canceled checks, photographs, diagrams, and other documents that may serve as evidence. Case parties may also bring witnesses to the hearing. After the judge has reviewed statements, pieces of evidence, and interviewed witnesses, the judge delivers a decision.
How Long Do You Have to Take Someone to Small Claims Court in Montana?
From the time an injury, property damage, or contract breach occurs, the aggrieved party has a limited time to file a claim. The time limit within which a party can file a small claim in Montana depends on the type of claim. For claims that involve written contracts, the statute of limitation is eight (8) years, while unwritten contracts have a limitation of five (5) years. Other types of small claims typically have statutes of limitations between two (2) and three (3) years.
What Happens if You Don’t Show up for Small Claims Court in Montana?
Montana small claims rules require all case parties to be present at scheduled hearings. If a case party fails to show up for Small Claims Court, such a party may forfeit the claim. If a defendant does not show up without informing the court in advance, the court may enter a default judgment against the defendant. If a plaintiff fails to show up without informing the court ahead of the scheduled date, the court may dismiss the plaintiff’s claim. However, the plaintiff may be able to file another claim within the statute of limitations for the claim.
What are Small Claims Court Records in Montana?
Small Claims Court records are official documents that contain information about small claims cases. Small Claims Court records contain information generated in the process of a small claims case, from the petition or claim that a plaintiff files at the beginning of the small claims case to the court’s judgment at the end of the case. Other examples of Small Claims Court records include photographs, maps, canceled checks, contract copies, receipts, and other documents that serve as evidence in the case. Notices, counterclaims, answers, motions, and petitions are also Small Claims Court records.
Where can I find Montana Small Claims Court Records?
Since Montana Small Claims Courts are a division of the Justice Court, interested parties may request Small Claims Court records from the Justice Clerk in the county where a plaintiff filed the case. Interested parties may visit the courthouse to make in-person or mail-in requests for records at the courthouse. The Montana Public Records Act guarantees access to all public records in Montana, including court records.
The court may charge record search fees and other fees to produce copies of Montana Court records. The fees may differ slightly from one county to another. It is also important to note that requesting parties must pay applicable fees before court officials search for or produce copies of small claims records.
