Park County Montana | Justice Court

Key difference between civil complaint and small claims

MCA CODES

Small Claims

General Information

No attorney is allowed , unless all parties have 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 can not file in small claims court, but must file in the civil division of the justice court.
You cannot file real estate eviction cases. (Action for Possession), but must file 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 the defendant.

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

The defendant must be served not less than 5 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 can not 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.

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.

Defendant must pay a $20.00 appearance fee due the day of the hearing. Must be paid to the clerk (with cash or check) when you check in for hearing.

You must attend the hearing. Failure to attend the hearing will result Judgment for the Plaintiff. 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.

AGREEMENT REACHED

If the parties reach an agreement or solution prior to the hearing, both parties are required to notify the court 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 10 business days after the judge's order is signed and complete the procedures necessary.