Small Claims Court Packet Template - City Of Helena, Lewis And Clark County, Montana Page 3
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4Small Claims Court Checklist:
How to File a Claim
THE JUSTICE COURT STAFF IS PROHIBITED BY LAW TO GIVE LEGAL ADVICE
Plaintiff
___ Send a letter to the defendant demanding payment by a specific time. A certified letter is
recommended. When you file the claim and go to trial, bring the proof of mailing the letter.
___ Request a complaint form from the clerk or justice of the peace, complete the form and sign it in front
of the clerk or the justice.
___ Provide the name and complete street address of the defendant. If suing a corporation, make sure the
correct legal name is on the complaint.
___ Make sure the sum of money or property being sued for is a specific amount of $7000 or less.
___ File the complaint in the county where the defendant lives or in a county where the defendant may be
served.
___ Pay the filing fee of $30.00, please bring the exact amount. If you cannot afford the fee, you will need
to complete an affidavit asking the court to waive the fees.
___ Serve the respondent(s) with the original complaint using a bonded process server which needs to be
returned to the court with proof of service. Below is a list you may choose from.
Sheriff’s Office Civil Bureau
447-8219
Call for price
Lee & Associates
324-7000
Call for price
Williams Investigations
442-2621
Call for price
Robert A. Pankratz
449-4121/439-2458
Call for price
Garth Fleetwood
465-0155
Call for price
Elite Process Service
461-1694
Call for price
___ Have the court issue any required subpoenas for witnesses you need at trial if they will not appear
without one. These should be served by a process server not by a party to the action.
___ If the defendant wasn’t served at least five days before the hearing, ask the court to reset the hearing
date.
___ Bring all required evidence/documents/witnesses to court on the scheduled date and be prepared to
present your case.
___ If the case is settled prior to trial, file a signed, written agreement with the court or a written
satisfaction.
___ If you wish to appeal the small claims court’s decision, file your appeal within 10 days after the
judge’s order is signed and pay the required fee.
Respondent / Defendant
___
After the complaint is filed, the court will order a hearing within 10 to 40 days of the date of the
order. If you are unable to be there or cannot be prepared by that date, ask the court to reschedule
the hearing.
___ You can settle with the plaintiff out of court. If so, a signed copy of your written settlement agreement
must be filed with the court.
___ Consider using a mediator or third person to help settle the dispute.
___ If you prefer a jury trial or want an attorney to represent you, file a motion within 10 days from the
date the complaint is served to remove the case from small claims to civil.
___ If filing a counterclaim, the amount in question cannot exceed $6500.
___ Serve your counterclaim on the plaintiff at least 72 hours before the hearing date.
___ Pay the clerk a fee of $20.00 per defendant when you appear for trial, or when you file a
counterclaim, or when you remove the case to justice court.
___ If you cannot afford the fees, complete an affidavit asking the court to waive the fees.
___ Before the hearing, have the court issue any necessary subpoenas for witnesses you need.
___ Bring all supporting evidence/documents/witnesses to court on the hearing date and be prepared to
present your case.
___ If you wish to appeal the small claims court’s decision, file your appeal within 10 days
after the judge’s order is signed and pay the required fee.
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