Small claims in Montana

The court

Justice Court, Small Claims
The small claims division of the justice court in the county where the other side can be served.

The court's own small claims page

The most you can claim

The small claims limit in Montana
Claiming asMost you can claimRule
An individual$7,000MCA 25-35-502(1)
A business$7,000MCA 25-35-502(1)
A public agency$7,000MCA 25-35-502(1)

What it costs to file

This state does not set one statewide fee. The court where you file publishes its own.

MCA 25-31-112(1) · Justice court fees are set by statute and collected by the county. The courts' small claims instructions list about $30 to file; your justice court has the exact amount.

How long you have

The shortest window in this state is 2 years from the day the damage happened.

MCA 27-2-207(1) · A claim for damage to your property must be filed within two years of the damage.

Also worth knowing

  • A claim against the state has to be presented in writing to the Department of Administration and denied before a court case can start. A claim against a county, city, school district, or other local body is presented to that body's clerk first. MCA 2-9-301

Does small claims fit your dispute in Montana?

Pick what it is about. The next screens ask the amount and the dates. Nothing is saved, and no account is needed.

The detail

  • The limit

    The limit is the most the court can award on one claim. It depends on who is claiming, and in some states on which court hears it.

  • What it costs

    The court charges this when you hand in the claim. It is separate from the amount you are claiming.

  • How long you have

    Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.

Common questions

How much can you claim in small claims court in Montana?
An individual can claim up to $7,000. A business can claim up to $7,000. A public agency can claim up to $7,000. That comes from MCA 25-35-502(1).
What does it cost to file a small claims claim in Montana?
Montana does not set one statewide fee. Each court publishes its own, so check the court where you will file.
How long do you have to bring a small claims claim in Montana?
The shortest window is 2 years, counted from the day the damage happened, under MCA 27-2-207(1). Other kinds of claim run longer; the time-limit page lists each one.
Do you have to ask for the money before filing in Montana?
No, Montana does not require it, per Montana Courts, Small Claims. Sending a demand letter first is still the usual first step, and it is often what gets the money paid.
Which court handles small claims in Montana?
Justice Court, Small Claims. The small claims division of the justice court in the county where the other side can be served.

Verify with your court

Numbers change, and a court can post its own variation. Open Montana's small claims page and confirm anything you are about to rely on.

Open the court's small claims page

Verified on 2026-09-05, sources:

Verified on 2026-09-05, sources: Rules effective from 2025-10-01.

  • MCA 25-35-502(1) · effective 2011-10-01 · Small claims court hears claims for money or personal property of up to $7,000, not counting costs, when the other side can be served in the county.
  • MCA 25-31-112(1) · effective 2015-07-01 · Justice court fees are set by statute and collected by the county. The courts' small claims instructions list about $30 to file; your justice court has the exact amount.
  • MCA 27-2-207(1) · effective 1975-07-01 · A claim for damage to your property must be filed within two years of the damage.
  • Montana Courts, Small Claims · effective 2026-09-05 · Montana does not require a written demand before filing a small claim. Asking first is still the usual first step.
  • MCA 2-9-301 · effective 1991-10-01 · A claim against the state must be presented in writing to the Department of Administration and denied before a court case starts. A claim against a county, city, or school district is presented to that body's clerk first.

FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.