Guide to Small Claims Court
Small claims court is a quick, inexpensive and informal way to resolve disputes over small amounts of
personal property or money. Juries and lawyers are not necessary. Small claims cases are handled in
justice
courts, in accordance with
Title 25, Chapter 35
of the Montana Code Annotated.
THE JUSTICE COURT STAFF IS PROHIBITED BY LAW TO GIVE LEGAL ADVICE
Only Your Lawyer Can Give Legal Advice
•
Tell You Whether Or Not You Should Bring Your Case To Court
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Give An Opinion About What Will Happen If You Bring Your Case To Court
•
Discuss Or Speculate About What Decision The Judge Might Make
•
Tell You Or Suggest To You What Words To Use In Court Papers
•
Recommend A Specific Attorney Or Law Firm To Represent You
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Let You Talk To The Judge Outside Of Court
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Change An Order Signed By The Judge Or Reschedule Or Continue A Court Date
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Fill In Any Forms For You Unless You Have A Disability Preventing You From Doing So
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Conduct Any Legal Research On Your Behalf
Terms
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Plaintiff – the person alleging he or she is owed money or property
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Defendant / Respondent – the person or party who allegedly owes money or property
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Counterclaim – if a defendant disagrees with the original claim and instead believes he/she is owed money
or property, he/she may file a counterclaim
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Subpoena – a legal document issued by the court, that compels a witness to appear in court
Maximum Claim
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The amount in question in a small claims case cannot be more than $7,000.
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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.
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Claims may be filed in the county where the defendant lives or where he or she may be served.
Fees
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A fee of $30.00 is required to file a complaint or a counterclaim, please bring the exact amount. Once a
complaint is filed, the court issues an order to appear at trial and a process server delivers the original order
to the defendant which needs to be returned to the court with proof of service. There is a fee for the service of
the order. It is possible to recover some of these fees as part of the resolution of a case.
Interpleader Affidavit
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$17.00 filing fee (complaint fee) – they deposit earnest money with the court which is deposited as a bond
pending outcome. Form available.
Answer
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Pay the clerk a fee of $20.00 per defendant (please bring the exact amount) when you appear for trial, or
when you file a counterclaim, or when you remove the case to justice court.
Timelines
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A hearing must be set no less than 10 days but within 40 days of the date the claim is filed.
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A defendant must be given at least five days notice before a hearing.
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The parties may ask the court for more time. Typically such a request must be made before the date of the
hearing.