Park County Montana | Justice Court

Key difference between civil complaint and small claims

MCA CODE (Title 25 Chapter 35)

Small Claims

Review the following Montana Department of Justice AG website

https://dojmt.gov/office-of-consumer-protection/small-claims-court/

or google: Montana small claims court

General Information

No attorney is allowed , unless all parties have an attorney.

An attorney is not necessary to pursue a small claims action or defend against one. HOWEVER, if you feel you need an attorney, you have a legal right to obtain one. See Defendant section below. If you do not understand these forms or the instructions, please contact an attorney.

PLATINIFF

The maximum you can collect through a judgment in small claims court is $7,000.00. The value of the property you seek to recover in small claims court can not exceed $7,000.00:

If you are seeking damages that have not been determined or agreed upon you cannot file in small claims court, must be filed in the civil division of the justice court.
You cannot file real estate eviction cases. Action for Possession must be filed in the civil division of the justice court.

A demand letter must be sent to the defendant demanding payment by a specific time. Proof of the certified mailing will need to be presented to the Judge at time of filing a small claim action.

You must pay the court clerk a fee for filing this form. The filing fee is $30.00 (cash or check only).

After you complete the forms, file them with the clerk of the small claims court. The “Small Claims Complaint” must be signed in the presence of the clerk of the small claims court or the judge.

The clerk of the small claims court will give you a hearing when issuing the “Order of Court and Notice to Defendant”. The hearing is set within 40 calendar days of the issuance of the order.

You must have a copy of the “Small Claims Complaint” and the “Order of Court and Notice to Defendant” served on each defendant.

The defendant must be served in the county where they reside.

The defendant must be served not less than five (5) business days before the hearing date set by the clerk of the small claims court. If service can not be made on the defendant within this time, you can ask the clerk of court to reset the hearing date.

You cannot serve the defendant yourself. You can serve the defendant by having a levying officer or the sheriff give the forms to the defendant. You can serve the defendant by having a person over the age of 18 give the forms to the defendant. Proof of service must be signed by the person making the service and filed with the clerk of the small claims court. The original “Order of Court and Notice to Defendant” must be returned to the clerk of the small claims court before the hearing date.

The clerk of the small claims court has a list of levying officers in our area. You will be required to pay all fees of the levying officer or the sheriff. The fees for service varies, you should contact the levying officer or the sheriff for the fees they charge.

You must attend the hearing. Failure to attend the hearing will result in dismissal of your complaint. Be sure to bring along any witnesses, books, papers, or other evidence which will help prove to the court that you are entitled to a money judgment or possession to the property.
Note: If you intend to introduce papers or documents you will need to bring 3 copies to the court at trial (1 for yourself, 1 for the court, 1 for the opposing party).

Defendant

You do not file an answer however, you can file a Counterclaim. There is a $10.00 filing fee and the Counterclaim Must be served on the Plaintiff by a Sheriff or Process Server within 72 hours of hearing. The amount of Counterclaim cannot exceed $6,500.00

You may file a Notice of Removal in a small claims action and have the entire case transferred to the regular civil Justice Court. If the Defendant DOES NOT FILE A NOTICE OF REMOVAL WITHIN 10 DAYS AFTER RECEIVING SERVICE OF THE NOTICE TO DEFENDANT, THE DEFENDANT WAIVES THE RIGHT TO A JURY TRIAL AND THE REPRESENTATNION BY AN ATTORYNEY.

Each Defendant must pay a $20.00 appearance fee due the day of the hearing. The appearance fee must be paid to the clerk (with cash or check) when you check in for trial.
You must attend the trial. Failure to attend the hearing will result in dismissal of your complaint. Be sure to bring along any witnesses, books, papers, or other evidence which will help prove to the court that you are entitled to a money judgment or possession to the property.

Note: If you intend to introduce papers or documents you will need to bring 3 copies to the court at trial (1 for yourself, 1 for the court, 1 for the opposing party).

AGREEMENT REACHED

If the parties reach an agreement or solution prior to the hearing, both parties are required to notify the court and provide a signed copy of the written settlement.

Appeals

Appeal - matter of law only; $30.00 filing fee to District Court; either party may file a written appeal with the court within ten (10) business days after the judge's order is signed and complete the procedures necessary.

Satisfaction

You must notify the Court as soon as the judgment is satisfied. You will be responsible if the judgment is satisfied and not cleared from the debtor’s record in Court.