Small Claims Court
MCA 25-35-502 — claims up to $7,000, no lawyers unless both sides have one, and 10 days to appeal
A small claims court may sit in any county, following the small claims procedure of justice's court. It hears claims for money or specific personal property up to $7,000, not counting costs, when the defendant can be served in the county.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- Individuals represent themselves; a business may be represented by an officer, partner, member or employee.
- No party may have an attorney unless every party does.
- Only a party to the transaction may bring the claim, and the state may not be a party.
Ten days, on the law only. A party may appeal to district court by written notice served within 10 days after the judgment. There is no new trial; the appeal is limited to questions of law.
Sources for this section (5)
- MCA 3-12-102 — Small claims court authorized
- MCA 3-12-107 — Procedure
- MCA 25-35-502 — Jurisdiction
- MCA 25-35-505 — Parties -- representation
- MCA 25-35-803 — Appeal to district court -- commencement and scope
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.