How to File Small Claims Court in Montana (2026 Guide)

Montana small claims court operates through Justice Courts and City Courts in each county, handling disputes up to $7,000. Montana has a notable pre-filing requirement: a certified demand letter must be sent before filing. Only after mailing the certified letter can the plaintiff file the complaint. Montana’s appeal window is only 10 days — among the shorter windows in this guide series — and covers only matters of law rather than de novo factual review.

Key Montana Rules

• Certified demand letter required before filing. File only after sending the letter by certified mail.
• $30 filing fee for small claims vs. $45 for civil court.
• Plaintiff must be sworn to complaint — must file in person; fax or email not accepted.
• 10-day appeal window — matters of law only to District Court. Full transfer appeal requires $30 filing fee to District Court within 30 days of signed judgment date, plus a $300 good faith deposit and 2–3x the judgment amount (cash/money order).
• 5-year SOL for written and oral contracts under MCA § 27-2-202.
• 2-year SOL for property damage / personal injury under MCA § 27-2-204.
• Attorneys permitted.

Step-by-Step Filing

1. Send a certified demand letter and wait for the response period.
2. File the Small Claims Complaint in person at the Justice Court or City Court for your county. Forms at courts.mt.gov.
3. Pay the $30 filing fee. You will be sworn to the complaint by the clerk.
4. Court arranges service on the defendant.
5. Attend the hearing. Bring three complete evidence sets.
6. Appeal within 10 days for legal errors — or transfer appeal within 30 days with the bond deposit.