Court and money
Debt, eviction, work, family and records. The side of the system with no officer in it.
47 sections
Renting
- Getting the Deposit BackMCA 70-25-202 — the landlord has 30 days to send a list and the rest, or 10 days with no damagealso here
- Lease Terms That Do Not CountMCA 70-24-403 — a prohibited term is unenforceable, and knowingly using one costs up to 3 months' rentalso here
- When the Landlord Will Not Fix ItMCA 70-24-406 — 14 days to fix it after notice, 3 working days in an emergency, and repairs up to 1 month's rent deductedalso here
- Locked Out or Utilities Cut OffMCA 70-24-411 — a lockout or a shutoff, and up to 3 months' rent or treble damagesalso here
- Being EvictedMCA 70-24-422 — 3 days to pay rent after written notice, 14 days for most other breaches, and an answer within 10 days of the summonsalso here
- When the Landlord RetaliatesMCA 70-24-431 — no rent increase, cut in services or eviction for a complaint, presumed retaliation within 6 monthsalso here
- Belongings Left BehindMCA 70-24-430 — stored with reasonable care, and a notice at least 10 days before disposalalso here
- Ending a Month to Month TenancyMCA 70-24-441 — 30 days' written notice for month to month, 7 days for week to weekalso here
Work and pay
- Payday and the Last PaycheckMCA 39-3-205 — the final wages by the next payday or within 15 days, at once after a firing for cause, and a penalty up to 110%
- Minimum Wage and OvertimeMCA 39-3-405 — overtime after 40 hours in a workweek, and a minimum wage tied to the cost of living each year
- Unemployment After a Job EndsMCA 39-51-2402 — quitting without good cause or a firing for misconduct disqualifies, and an appeal is due within 10 days
- Hurt at WorkMCA 39-71-603 — notice to the employer within 30 days of the accident, and a signed written claim within 12 months
- Discrimination at WorkMCA 49-2-303 — no job decisions by race, creed, religion, color, national origin, age, disability, marital status or sex, and 180 days to complain
- Working Under SixteenMCA 41-2-115 — at 14 and 15, no work in school hours, 3 hours on a school day and 18 in a school week
- Equal PayMCA 39-3-104 — women paid the same as men for equivalent service, and a fine of $25 to $500 for each offense
Family, children and school
- Getting DivorcedMCA 40-4-104 — 90 days living in the state, and a marriage irretrievably broken by 180 days apart or serious discord
- Property and Maintenance in a DivorceMCA 40-4-202 — an equitable split of everything either spouse owns, without regard to misconduct, and maintenance only on need
- Parenting PlansMCA 40-4-212 — the best interest of the child, and frequent and continuing contact with both parents unless it would harm the child
- An Order of ProtectionMCA 40-15-201 — a temporary order at once on a sworn petition, a hearing within 20 days, and no cost to file
- Getting MarriedMCA 40-1-202 — a license from the district court clerk at age 18, or 16 with a judge's approval, good for 180 days
- Reporting Child AbuseMCA 41-3-201 — doctors, teachers, clergy, police and others report promptly to the department, and anyone may
- Turning 18MCA 41-1-101 — anyone under 18 is a minor, with 21 still the age for alcohol
- Changing a NameMCA 27-31-101 — a petition to the district court where the person lives, and notice published for 4 weeks
- Tattoos and Piercings Under EighteenMCA 45-5-623 — a child's tattoo or piercing needs a parent's explicit consent in person
Debt, buying and money
- Unfair and Deceptive PracticesMCA 30-14-133 — the loss or $500, whichever is greater, and up to three times the loss in the court's discretion
- A Sale at the DoorMCA 30-14-504 — cancel until midnight of the third business day after signing, and the money back within 10 days
- The Lemon LawMCA 61-4-504 — four repairs of the same defect or 30 business days out of service under warranty, then a replacement or refund
- What Creditors Cannot TakeMCA 70-32-104 — a homestead set at $350,000 in 2021 and rising 4% a year, plus household goods, a car and tools
Owning a home, land and animals
Health, aging and estates
- Signing a WillMCA 72-2-522 — in writing, signed, and witnessed by two, or handwritten and signed with no witnesses at all
- Revoking a WillMCA 72-2-527 — a later will that replaces it, or burning, tearing, canceling or destroying it on purpose
- Dying Without a WillMCA 72-2-112 — the spouse takes all when the children are all theirs together, and otherwise a set amount plus a share of the rest
- A Spouse Left Out of the WillMCA 72-2-232 — an elective share of 50% of the marital property, claimed within 9 months of the death
- A Small EstateMCA 72-3-1101 — an affidavit 30 days after the death collects the property when the estate is $100,000 or less
- A Living WillMCA 50-9-103 — signed and witnessed by two, revocable at any time in any manner, and in force only at a terminal condition
- A Power of AttorneyMCA 72-31-304 — durable unless it says otherwise, signed by the principal, and effective when signed unless it names a later time
Courts and records
- Voting After a FelonyMCA 13-1-111 — no vote only while serving the sentence in a penal institution, and every right back when the sentence ends
- Small Claims CourtMCA 25-35-502 — claims up to $7,000, no lawyers unless both sides have one, and 10 days to appeal
- How Long to SueMCA 27-2-204 — 3 years for most injuries, 2 for property damage and defamation, and 6 for a written contract
- A Claim Against the GovernmentMCA 2-9-301 — a claim against the state goes to the department of administration first, which has 120 days
Public records, meetings and voting
- Getting Public RecordsMCA 2-6-1003 — every person may examine and copy public information, with receipt acknowledged within 5 business days
- Open MeetingsMCA 2-3-203 — every meeting of a public body is open, closed only for individual privacy or some litigation strategy
- Registering to VoteMCA 13-2-301 — regular registration closes 30 days before an election, and late registration runs to noon the day before
More
- Wrongful DischargeMCA 39-2-904 — after the probationary period a firing needs good cause, with lost wages up to 4 years and 1 year to sue
- Moving with a ChildMCA 40-4-217 — written notice to the other parent, a motion served at least 30 days before the move, and 21 days to respond
- Counting a DeadlineMCA 1-1-306 — leave out the first day, count the last, and a last day on a Saturday or holiday moves to the next business day
- Odd Laws Still on the BooksTaking home roadkill, a $10 hunter orange fine and the rodeo exception: real Montana sectionsalso here
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