Small Claims Court Dollar Limits in Montana
At a glance
| Governing law | Montana Small Claims Court Act, Mont. Code Ann. §§ 25-35-501 to 25-35-808; small claims is the small-claims division of Justice Court |
|---|---|
| Dollar limit | $7,000, exclusive of costs, for recovery of money or specific personal property, and the same $7,000 cap for an interpleader action (§ 25-35-502), raised from $3,000 by Ch. 284, L. 2011 and unchanged since |
| Limit for businesses/entities | Same $7,000 limit as an individual: partnerships, corporations, unions, associations, and other entities may sue or be sued in small claims court on the same terms as an individual, except the state or any state agency (§ 25-35-505(1)) |
| Court name and where to file | Small Claims Court, operated as the small-claims division of Justice Court; a district judge may remove a qualifying case to it (§ 25-35-503) |
| Can you bring a lawyer? | Barred unless mutual: a party may not be represented by an attorney unless all parties are represented by an attorney (§ 25-35-505(2)); a corporation may instead appear through one of its own directors, officers, or employees (§ 25-35-505(3)(d)); if a defendant doesn't remove the case to justice's court within 10 days, that is treated as a waiver of both a jury trial and attorney representation (§ 25-35-605(3)) |
| Limit on how many claims you can file | A party may not file more than 10 claims in small claims court in any calendar year, except for claims assigned under the civil shoplifting-penalty statute, § 27-1-718 (§ 25-35-505(6)) |
| Can you appeal? | Either party may appeal to the district court of the county where judgment was rendered, by filing written notice with the small claims court and serving the adverse party within 10 days of entry of judgment (§ 25-35-803(1)); there is no trial de novo: the appeal is limited to questions of law (§ 25-35-803(2)) |
| What you can sue for | Money judgments or recovery of specific personal property up to $7,000 (§ 25-35-502(1)); a defendant's counterclaim or setoff over $6,500 doesn't defeat the court's jurisdiction over the plaintiff's claim, but the court limits its ruling on the counterclaim to whether it discharges the plaintiff's claim, leaving the rest for justice or district court (§ 25-35-606(2)); only a party who claims to have been directly a party to the transaction with the defendant may sue: a general assignee, debt buyer, or collection agency holding a purchased claim cannot file, apart from the narrow shoplifting-penalty-assignment exception (§ 25-35-505(4)-(5)) |
Requirements one by one
Governing law
The Montana Small Claims Court Act, Mont. Code Ann. §§ 25-35-501 through 25-35-808, sets jurisdiction, parties, attorney rules, filing limits, and appeals. Section 25-35-503 also permits a district judge to remove a case to Small Claims Court when the amount in controversy is no more than $7,000.
Dollar limit
$7,000, exclusive of costs, for a money claim or a claim to recover specific personal property, and the same limit for an interpleader action. Section 25-35-502 also requires that the defendant can be served in the county where the action begins.
Business/entity limit
No lower tier. Partnerships, corporations, unions, associations, and other organizations can sue or be sued in small claims court on the same $7,000 terms as an individual, the only party categorically excluded is the state of Montana or a state agency.
Court and forum
The statute calls the forum Small Claims Court. The prescribed counterclaim form identifies it as the Small Claims Division of a county Justice Court.
Can you bring a lawyer?
Only if the other side has one too. Montana's rule is mutual, not a flat bar: a party can't be represented by an attorney unless every party is represented by an attorney. A corporation doesn't need a lawyer either way, it can send one of its own directors, officers, or employees instead. There's a separate trap: if a defendant doesn't move the case out of small claims court to justice's court within 10 days of being served, that inaction counts as giving up both the right to a jury trial and the right to attorney representation.
Limit on how many claims you can file
Yes, no more than 10 claims per calendar year per party, aimed at high-volume filers. The only exception is for claims assigned under Montana's civil shoplifting-penalty statute.
Can you appeal?
Yes, either side, but the deadline is tight: written notice to the small claims court and service on the other side within 10 days of judgment. There's no fresh trial in district court, the appeal is limited strictly to questions of law.
What you can sue for
Money or the return of specific personal property, up to $7,000. If a defendant raises a counterclaim over $6,500, the small claims court keeps jurisdiction over the plaintiff's original claim, but only decides whether that counterclaim wipes out the plaintiff's claim, any leftover counterclaim amount has to be pursued separately in justice or district court. Only someone who was actually a party to the underlying transaction can sue; a general assignee, debt buyer, or collection agency holding a purchased claim is locked out, apart from the narrow shoplifting-assignment exception.
What trips people up
The mutual-attorney rule means one party cannot use a lawyer unless every party is represented. A defendant who does not remove the case to Justice Court within 10 days also waives jury trial and attorney representation under § 25-35-605(3).
Section 25-35-505 ordinarily blocks assigned claims. Its narrow exception is grounded in § 27-1-718(3), which says judgments and claims arising from the civil shoplifting-penalty statute may be assigned.
Common questions
Can a debt collection agency sue in Montana small claims court on a debt it purchased? Generally no. Only a party to the original transaction can sue, and a purchased debt doesn't qualify unless it falls under the narrow shoplifting-penalty-assignment exception.
Is there a limit on how many small claims cases I can file? Yes, 10 per calendar year per party.
If I lose, can I get a new trial on appeal? No. Montana's appeal to district court is limited to legal questions, there's no trial de novo.
Statutes and sources
- Mont. Code Ann. § 25-35-501, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0010/0250-0350-0050-0010.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-502, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-503, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0030/0250-0350-0050-0030.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-505, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0050/0250-0350-0050-0050.html (accessed 2026-08-13)
- Mont. Code Ann. § 27-1-718, https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0180/0270-0010-0070-0180.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-605, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0060/section_0050/0250-0350-0060-0050.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-606, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0060/section_0060/0250-0350-0060-0060.html (accessed 2026-08-13)
- Mont. Code Ann. § 25-35-803, https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0080/section_0030/0250-0350-0080-0030.html (accessed 2026-08-13)
Source links
Every statute quoted above, linked, with the date we checked it.
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