Small Claims Limits
General information from official sources, not legal advice. Rules change. Check with the court before you file.

All states

Small claims court in Montana

$7,000maximum claim in Small claims court (justice court), as of 29 October 2026

The basics

Small claims limit
$7,0001,2Mont. Code 25-35-502(1), 3-10-1004

You can sue for up to $7,000 in Montana small claims court, not counting costs.

Court
Small claims court (justice court)3,4Mont. Code 3-10-1002, 25-35-803

Each justice court has a small claims division, known as the small claims court. Appeals go to the district court of the county.

Filing fee
Varies by county ($30 in Gallatin and Park counties)5,6,7Mont. Code 25-35-608(1)

State law lists a $20 plaintiff filing fee, but the totals charged are higher. Gallatin and Park County justice courts charge $30 to file.

Lawyers
Only if all parties have one8Mont. Code 25-35-505(2)

You may not have a lawyer unless every party has one.

Appeals
10 days (questions of law only)4Mont. Code 25-35-803

Either party may appeal to the district court within 10 days after judgment. The appeal is limited to questions of law, and there is no new trial.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract
6 years9Mont. Code 27-2-202(1)

You have 6 years to sue over a written contract.

Oral contract
5 years9Mont. Code 27-2-202(2)

You have 5 years to sue over a contract, account or promise that is not in writing.

Property damage
2 years10Mont. Code 27-2-207(1)

You have 2 years to sue for injury to or trespass on land or personal property.

Personal injury
3 years11Mont. Code 27-2-204(1)

You have 3 years under the general tort and personal injury rule. Some claims, such as assault and slander, have shorter periods.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

  1. Mont. Code 25-35-502, Jurisdiction, Montana Legislature, 2011official
  2. Mont. Code 3-10-1004, Jurisdiction, Montana Legislatureofficial
  3. Mont. Code 3-10-1002, Creation, Montana Legislatureofficial
  4. Mont. Code 25-35-803, Appeal, Montana Legislatureofficial
  5. Mont. Code 25-35-608, Fees, Montana Legislature, 2013official
  6. Civil Complaints vs. Small Claims, Gallatin County Justice Courtofficial
  7. Small Claims, Park County Justice Court, Park Countyofficial
  8. Mont. Code 25-35-505, Representation, Montana Legislatureofficial
  9. Mont. Code 27-2-202, Actions based on contract or other obligation, Montana Legislatureofficial
  10. Mont. Code 27-2-207, Injury to property, Montana Legislatureofficial
  11. Mont. Code 27-2-204, Tort actions, Montana Legislatureofficial

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.