Justice Court

Small Claims Court is a quick, inexpensive, and informal way to resolve disputes over small amounts of personal property or money.  Small claims cases are handled in Justice Courts in accordance with Title 25, Chapter 35 of the Montana Code Annotated.

Representation: Attorneys are not allowed. If you wish to be represented by counsel, you may transfer your case to Civil Justice Court for the proper fee. Be advised this rule of law applies to the defendants also. You will be required to appear in person for the hearing (if scheduled) in that filed county courthouse. Further understand that juries are not allowed. 

Service: The defendant must be served a copy of the complaint and original summons. (In Small Claims Court, this may be all one document and may be found at the link provided here or you may ask for assistance from the court clerk.) Filing must be in the county of which the defendant lives or may be served, ie: employment. This may or may not be the county in which you or your business reside.

Default Judgment: You may request the judge for a default judgment if the defendant fails to file an answer in the allotted time. Check the service date and call the court.

Trial: Your complaint will be heard only if the defendant has filed an answer with a request for hearing. You may ask for witnesses to be subpoenaed for the trial. You should bring with you all witnesses, books, papers, or other evidence which will help prove your complaint. Failure to attend the trial will result in dismissal of your small claims case.

Trial Judgment: The judge will consider all the evidence presented at the trial and the rule of law and enter a judgment within 30 days. If judgment is in your favor, the clerk or judge may give you options for collection.

Appeal: A judgment may be appealed to District Court for point of law only. The case will not be reheard. The transcript will be forwarded to District Court with your appeal fee and reviewed by the District Court.

Closing Case: Upon judgment and/or collection be advised that by law, you must CLOSE the case when the amount is paid in full. A defendant may come back to you with legal action in you fail to satisfy the judgment and this causes adverse effects upon their credit history.

Some guidance through the process with guidelines to follow available at the FORMS link below. Please note this link contains options for your assistance to include Small Claims Court and Justice Court information.