Park County Montana | Justice Court | Civil Information and Forms

CIVIL INFORMATION

Civil Complaint, Summons and Service

A complaint is the document that starts a civil case, where the plaintiff explains in short, clear language what occurred and what they are requesting from the court. A summons is a form directing a defendant to appear in court to answer a civil complaint and providing a deadline to do so. A summons for possession is specific for eviction complaints and provides 5 business days to answer. A generic summons is used for everything else and provides 20 calendar days to answer. The Clerk of Court will prepare the summons once the complaint is filed. The plaintiff is responsible for proper service of the complaint and summons. The complaint and summons must be personally served on the defendant by a Deputy Sheriff, licensed process server or a disinterested third party.

Civil Answer

The summons will state the time to respond after being served with a complaint and summons. In cases seeking eviction it is 5 business days. In all other cases it is 20 calendar days. Failure to respond within that time means that the plaintiff may receive exactly what they requested in the complaint without your having the chance to contest it.

An answer is the response to the complaint. It explains which allegations are admitted and which are denied. An answer may also contain a counterclaim (a request from the defendant seeking money from the plaintiff). The original answer must be filed with the Court, and a copy sent to the Plaintiff.

Counterclaims

A counterclaim is a request from the defendant against the plaintiff for damages involving the same transaction or occurrence as the complaint. The counterclaim MUST be served by the Sheriff or process server on the plaintiff(s). The plaintiff(s) must file a reply to the counterclaim, or the defendant would receive exactly what they requested without the plaintiff having a chance to contest it.

Reply to Counterclaim

This is an "answer" to the counterclaim, where the plaintiff explains which allegations in the counterclaim are admitted and which are denied. The plaintiff has 20 calendar days from the date the counterclaim is served to submit a reply to the court. The original should be filed with the court and a copy mailed to the defendant. After an answer is filed, the Court will generally set hearings (hearing on possession for evictions, pre-trial conference for general cases). A hearing on possession is where the judge decides if an eviction request will be granted. A pre-trial conference is hearing where the parties to meet with the judge to discuss scheduling of mediation and trial dates as well as to facilitate the exchange of discovery (pictures and documents that might be presented at a trial).

Filing Civil Motions in Justice Court

A motion is a written request to the judge. The most common type is to reset a hearing date (“continuance”). To request that a hearing date be continued, you need to file a written request with the court. You will need to contact the other party and ask if they object to the continuance.

Civil Bench Trials

Trials (including possession hearings) are where the judge reaches a decision about the case. The plaintiff has the “burden of proof” meaning that they need to prove to the judge that they should win. Their burden is a “preponderance of the evidence” which just means more likely than not (or 51% likely).

Parties should come on the day of trial with three (3) copies of any documents or pictures they would like the judge to look at (one copy for themselves, one copy for the opposing party, one copy for the judge). Make sure that any witnesses arrive on time, in person, unless you have received specific permission from the judge for them to appear by video.

Each party has the opportunity to give an opening statement, which is a brief summary of what the case is about. Because the plaintiff has the burden of proof, they present their case first. Each of the plaintiff’s witnesses will be sworn in and the plaintiff will ask them questions. The defendant will then have the chance to ask each witness questions. Any evidence (pictures, documents, recordings, etc.) should be shown to the court while the witnesses are testifying. After the plaintiff finishes with each of its witnesses, the defendant will get to present their case by questioning their witnesses and showing evidence. After the defendant finishes presenting their case, each party has the chance to give a closing argument. No more testimony is allowed, but this is a chance to sum up for the judge what was said.

The judge may rule immediately, or they may “take the matter under advisement” meaning that you will receive a written ruling in the future. If you believe the judge erred in reaching their decision, you have the right to appeal, but you must file the appeal within thirty (30) calendar days of receiving the court’s judgment.

Appeals

Appeal - matter of law only; $30.00 filing fee to District Court; either party may file a written appeal with the court within 30 calendar days after the judge's order is signed and complete the procedures necessary.

Post Judgment

The party awarded the judgment is referred to as the judgment creditor. The party owing the judgment is referred to as the judgment debtor. The prevailing party in a case, or the judgment creditor, is responsible for collecting the awarded judgment; the court will not collect the judgment. There are several options that may be utilized. Judgments entered on or after October 1, 2001 are good for 10 years. Most judgments can gain interest at 10% per annum beginning with the date of the entry of judgment. After the entirety of the judgment is collected a Satisfaction of Judgment must be filed by the judgment creditor with the clerk of the Justice Court. If the person who owes money (the judgment debtor) refuses to pay, the judgment creditor may choose to employ one or more of the following methods to attempt collection of your judgment:

Garnish the Debtor’s Wages

A wage garnishment orders the debtor’s employer to give the creditor part of the debtor’s wages until the debt is paid. Federal and state law places limits upon the amount of earnings subject to garnishment. To garnish wages, the creditor may request that the judge issue a Writ of Execution. The name and address of the debtor’s employer must be included on the form. Interest (if awarded in judgment) must also be correctly calculated. Once the writ is issued, it must be served. The creditor cannot serve the writ of execution themselves. It must be served by the sheriff’s office or a private levying officer. A writ of execution remains in effect for 120 days from the date of receipt by the sheriff or levying officer and may be served multiple times until it expires. If the writ is returned unsatisfied or partially unsatisfied a new writ of execution may be issued for the remaining balance together with costs and interest.

Levy upon the Debtor’s Bank Account

A writ of execution is the instrument used to levy a judgment debtor’s bank account. By placing a levy on a bank account, money will be withdrawn directly from the debtor’s bank account to pay the judgment. The creditor must include the name, address and branch of the bank on the writ of execution. Interest (if awarded in judgment) must also be correctly calculated. Once the writ is issued, it must be served. The writ of execution cannot be served by the creditor. It must be served by the sheriff’s office or a private levying officer. A writ of execution remains in effect for120 days from the date of receipt by the sheriff or levying officer and may be served multiple times until it expires. If the writ is returned unsatisfied or partially unsatisfied a new writ of execution may be issued for the remaining balance together with costs and interest.

File a Certification of Transcript of Judgment with the District Court

Filing a Certification of Transcript of Judgment with the District Court puts a judgment lien on any land, house or other building the debtor owns in the county where the transcript is filed. File the transcript in all counties where the debtor may own property. If the property is sold, the debt will be paid out of the proceeds of the sale. The judgment lien is good for six (6) years. The judgment lien will also put a lien on property the debtor may buy in the future and prevent the debtor from refinancing any property until the debt is paid.

Levy upon the Debtor’s Personal Property

To levy upon the personal property of the judgment debtor, complete a writ of execution and file it with the Justice Court Civil Clerk for issuance. On the writ, the creditor will need to describe the personal property to be levied upon. Once issued, take it to the sheriff or levying officer. Some personal property is exempt from execution, i.e. one motor vehicle not to exceed $1,200.00 and household furnishings not to exceed $4,500.00 in aggregate value, no item to exceed $600.00 in value. There are other exemptions- see M.C.A. Title 25, Chapter 13. If the judgment debtor used the property to secure a loan or to purchase the property, the security lien of the bank or finance company must be paid before any moneys from the execution will be applied to your judgment.

Till Tap

If the debtor is a business with a cash register, the sheriff or levying officer can go to the business and take enough money out of the register to satisfy the judgment and their fees. The creditor will need to know the name and address of the debtor’s business to complete the writ of execution. Once filed and issued, take the writ to the Civil Sheriff or levying officer. If there isn’t enough money in the register to pay the judgment, the sheriff or levying officer can attempt to tap the till again. A fee is assessed for each attempt.

Hold a Debtor’s Hearing

A Debtor’s Hearing requires the debtor to come to court and answer the creditor’s questions about his/her salary, bank accounts, property and anything else that could be used to pay the judgment. This can only be done after at least one attempt has been made to collect the debt with a writ of execution. Complete and file a motion with the court requesting a Debtor’s Hearing. Bank books, paycheck stubs, records, etc. can be subpoenaed. A subpoena duces tecum listing any specific items or records that the creditor would like the debtor to bring to the hearing must be filed by the creditor and signed by the Judge. When the order setting a Debtor’s Hearing and the subpoena duces tecum are signed, they must be taken to the Civil Sheriff or levying officer to be served upon the debtor. If the debtor has been served and fails to appear at the Debtor’s Hearing a warrant may be issued for their arrest for contempt.