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Montana Small Claims Court Information

Montana small claims are heard in the Justice Court.

Statues: Montana Code Annotated, Title 25, Ch. 35, Sections 501-807.

Dollar Limit: $3,000.

Where To Sue: Where defendant resides. For contracts, where performance expected.

Service: Personal service by sheriff or constable.

Hearing Date: Within 40 days of service.

Attorneys: Only allowed if both parties are represented.

Transfer: If defendant files notice within 10 days of receipt of complaint, case tried under regular civil procedure of Court.

Appeals: By either party to District Court within 10 days for new trial.

Special Provisions: Right to sue may not be transferred. No personal injury or property damage cases. Limit of ten claims a year per plaintiff. Defendant's counterclaim (up to $2,500) arising out of the same transaction or occurrence must be served on plaintiff at least 72 hours before the hearing date.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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