Hurt, wronged, or owed money
THINKING ABOUT SUING
What Montana law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
3 years
Sue for a personal injury
- From
- The injury
A claim for personal injury and most other claims not in writing is filed within 3 years.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Sue for damage to property
- From
- The damage or taking
A claim for damage to or taking of property is filed within 2 years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Sue on a written contract
- From
- The breach
A claim on a contract in writing is filed within 6 years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
5 years
Sue on an unwritten contract
- From
- The breach
A claim on a contract or promise not in writing is filed within 5 years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Montana guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
120 days
The department's time on a claim against the state
- From
- The claim being presented to the department of administration
The department of administration grants or denies a claim against the state in writing within 120 days after it is presented, and silence for 120 days is a final denial. The statute of limitations on the claim is paused for 120 days from receipt.
SMALL CLAIMS COURT
The limit in Montana
Up to $7,000
MCA 25-35-502 — claims up to $7,000, no lawyers unless both sides have one, and 10 days to appeal
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Montana attorney.