Montana Small Claims are filed in County Justice Court. General procedures are:

• The amount in question in a small claims case cannot be more than $7,000.
• It must be a fixed amount that’s easily determined, like a balance on a bill. Small claims court cases do not address “damages” claimed for some sort of wrong.
• Claims may be filed in the county where the defendant lives or where he or she may be served.

Juries are not used in small claims court. If a party prefers a jury trial, the case must be removed to justice court. The request must be made within 10 days after the complaint is served on the defendant.

• A hearing must be set within 40 days of the date the claim is filed.
• A defendant must be given at least five days notice before a hearing.
• The parties may ask the court for more time. Typically such a request must be made before the date of the hearing.

In all small claims:

• If a defendant believes the plaintiff owes him money, he may file a counterclaim.
• The counterclaim must involve the same dispute as the original complaint.
• It must be served on the plaintiff at least 72 hours before the scheduled date of the trial.
• The amount of the counterclaim cannot be more than $6,500.

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