Montana Small Claims Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Montana requires the use of official small claims complaint forms available from your local
Justice Court for small claims filings. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official forms
are available at https://courts.mt.gov/forms/civilforms or from your county Justice Court clerk.
Do not file this document directly with the court.

MONTANA SMALL CLAIMS COMPLAINT

(For Use in Justice Courts of Montana — Small Claims Division)

TABLE OF CONTENTS

1. Case Caption
2. Plaintiff Information
3. Defendant Information
4. Jurisdiction and Venue
5. Type of Claim
6. Statement of Facts
7. Damages Calculation
8. Prior Demand
9. Relief Requested
10. Supporting Documents Checklist
11. Verification
12. Filing Information
13. Practice Notes — Montana Small Claims Rules
14. Sources and References

1. CASE CAPTION

IN THE JUSTICE COURT OF [________________________________] COUNTY
STATE OF MONTANA
SMALL CLAIMS DIVISION

COMPLAINT AND STATEMENT OF CLAIM

2. PLAINTIFF INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — State of Incorporation: [________________________________]
☐ Limited Liability Company (LLC) — State of Organization: [________________________________]
☐ Other: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [________________________________]

Telephone: [________________________________]

Email (optional): [________________________________]

Driver's License or ID No. (if required by court): [________________________________]

3. DEFENDANT INFORMATION

Full Legal Name: [________________________________]

Entity Type:
☐ Individual
☐ Sole Proprietorship — DBA: [________________________________]
☐ Partnership
☐ Corporation — Registered Agent: [________________________________]
☐ Limited Liability Company (LLC) — Registered Agent: [________________________________]
☐ Other: [________________________________]

Mailing Address (for service): [________________________________]

City: [________________________________] State: [____] ZIP: [________________________________]

Telephone (if known): [________________________________]

Email (if known): [________________________________]

Service Note: Under Mont. Code Ann. § 25-35-601 et seq., the Plaintiff is responsible for arranging service on the Defendant. Service may be made by the Sheriff's Office, a constable, or a process server. The Defendant must be served at least 5 days prior to the trial date. The defendant must be servable within the county where the action is commenced.

4. JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to Mont. Code Ann. § 25-35-502 because the amount claimed does not exceed $7,000, exclusive of costs and interest.

2. Venue is proper in this county because (select all that apply):
   ☐ The cause of action arose in this county
   ☐ The Defendant resides in this county
   ☐ The Defendant does business in this county
   ☐ The contract was to be performed in this county
   ☐ The Defendant can be served within this county

3. The amount sought in this action, exclusive of costs and interest, is: $[________________________________]

4. This claim is for monetary relief only. No injunctive or equitable relief is sought.

5. TYPE OF CLAIM

Select the type(s) of claim that apply:

☐ Breach of Contract — Defendant failed to perform obligations under a written or oral agreement
☐ Goods Sold and Delivered — Defendant failed to pay for goods received
☐ Services Rendered — Defendant failed to pay for services provided
☐ Property Damage — Defendant caused damage to Plaintiff's property
☐ Return of Security Deposit — Landlord failed to return security deposit as required by Mont. Code Ann. § 70-25-201 et seq.
☐ Unpaid Rent — Tenant failed to pay rent owed under a lease agreement
☐ Unpaid Wages — Employer failed to pay wages earned
☐ Unpaid Loan — Defendant failed to repay a personal loan
☐ Auto Accident / Vehicle Damage — Defendant caused damage to Plaintiff's vehicle
☐ Bad Check / Dishonored Check — Defendant issued a check that was returned for insufficient funds
☐ Unjust Enrichment — Defendant was unjustly enriched at Plaintiff's expense
☐ Return of Personal Property — Recovery of the value of personal property wrongfully held
☐ Other: [________________________________]

6. STATEMENT OF FACTS

Provide a clear, numbered description of the facts giving rise to your claim:

1. On or about [__/__/____], [describe the initial agreement, transaction, or event]: [________________________________]

4. On or about [__/__/____], Plaintiff demanded that Defendant [pay / perform / return]: [________________________________]

5. Defendant has failed and refused to [pay / perform / return], despite Plaintiff's demand.

8. As a direct and proximate result of Defendant's actions, Plaintiff has suffered monetary damages as set forth in Section 7 below.

7. DAMAGES CALCULATION

Jurisdictional Limit: Under Mont. Code Ann. § 25-35-502, the total amount claimed in small claims court may not exceed $7,000, exclusive of costs and interest. If your total damages exceed this amount, you may (a) reduce your claim to $7,000 and waive the excess, or (b) file in justice court general civil division or district court.

Interest Rate: Under Mont. Code Ann. § 27-1-211, the legal rate of interest is 10% per annum unless otherwise agreed upon in writing by the parties.

8. PRIOR DEMAND

Plaintiff certifies the following regarding prior demand on Defendant:

☐ On [__/__/____], Plaintiff made a written demand upon Defendant for payment of $[________________________________]. A copy of the demand letter is attached as Exhibit [____].

☐ On [__/__/____], Plaintiff made an oral demand upon Defendant for payment. Defendant refused to pay.

☐ Plaintiff made multiple demands as follows: [________________________________]

☐ Demand was impracticable or would have been futile because: [________________________________]

Defendant's Response to Demand:
☐ Defendant did not respond
☐ Defendant refused to pay
☐ Defendant disputed the amount owed
☐ Defendant acknowledged the debt but has not paid
☐ Other: [________________________________]

9. RELIEF REQUESTED

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Principal damages in the amount of $[________________________________];

b. Pre-judgment interest from [__/__/____] at the applicable legal rate;

c. Post-judgment interest at the applicable legal rate until the judgment is paid in full;

d. Court costs, including the filing fee of $[________________________________] and service costs of $[________________________________];

e. Such other and further relief as the Court deems just and proper, provided the total recovery does not exceed the jurisdictional limit of $7,000 (exclusive of costs and interest).

10. SUPPORTING DOCUMENTS CHECKLIST

Attach copies of all documents that support your claim. Check all that apply:

☐ Written contract or agreement
☐ Invoices or bills
☐ Receipts for payment made
☐ Demand letter(s) sent to Defendant
☐ Photographs of damage
☐ Repair estimates or receipts
☐ Lease or rental agreement
☐ Security deposit receipt
☐ Canceled or dishonored check
☐ Text messages, emails, or other correspondence
☐ Promissory note or loan agreement
☐ Itemized statement of account
☐ Witness statements
☐ Police report
☐ Other: [________________________________]

Practice Tip: Bring the originals of all documents to the hearing. The court will review copies but may request originals for verification.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct to the best of my knowledge, information, and belief. I further certify that the total amount sought, exclusive of costs and interest, does not exceed $7,000.

Dated: [__/__/____]

____________________________________
[PLAINTIFF NAME]
[Address]
[Telephone]

12. FILING INFORMATION

Filing Fees

Note: Filing fees vary by county in Montana. Contact the Justice Court clerk in the county where you are filing to confirm the exact filing fee. A typical small claims filing fee is approximately $30. Service fees are additional.

Methods of Filing

☐ In person at the Justice Court clerk's office
☐ By mail to the Justice Court clerk's office
☐ Electronic filing (if available in the county)

Service Requirements

Service of the complaint and the court-issued notice must be accomplished by one of the following methods:

☐ Sheriff or constable — Deliver a copy of the complaint and notice to the defendant in person
☐ Process server — A private process server may serve the defendant in person
☐ Certified mail, return receipt requested — Mail a copy to the defendant's address (only if permitted by the specific justice court)

Timing: Under Montana small claims procedure, the defendant must be served at least 5 days before the hearing date. If the defendant cannot be served, contact the court clerk to request a continuance and new hearing date.

13. PRACTICE NOTES — MONTANA SMALL CLAIMS RULES

Key Jurisdictional Rules

• Jurisdictional Limit: $7,000, exclusive of costs and interest (Mont. Code Ann. § 25-35-502)
• Court: Justice Court, Small Claims Division
• Attorney Representation: Attorneys are permitted but not required in Montana small claims court
• Right to Jury Trial: There is no right to a jury trial in small claims court

Hearing Preparation

• Bring all original documents and evidence to the hearing
• Bring any witnesses who can testify to the facts of your case
• Prepare a clear, concise summary of your claim
• Be prepared to explain your damages calculation
• Arrive early and dress professionally

Counterclaims

Under Mont. Code Ann. § 25-35-606, a defendant may file a counterclaim. The counterclaim must be served on the plaintiff no less than 72 hours before the hearing date. Service must be made in the same manner as service of the original complaint. If the counterclaim exceeds $7,000, the entire case may be transferred out of small claims court.

Appeal Rights

Under Mont. Code Ann. § 25-35-801, either party may appeal a small claims judgment to the District Court within 10 calendar days of entry of the judgment. The appeal is a trial de novo (a completely new trial). Calendar this deadline immediately upon receiving notice of the judgment.

Default Judgment

If the defendant fails to appear at the hearing, the court may enter a default judgment in favor of the plaintiff for the amount claimed plus costs, provided the plaintiff appears and presents evidence supporting the claim.

Enforcing the Judgment

If the defendant does not voluntarily pay the judgment, the plaintiff may use enforcement remedies including:

• Wage garnishment
• Bank account levy
• Lien on real property
• Execution on personal property

14. SOURCES AND REFERENCES

• Montana Small Claims Court — Montana Department of Justice
• Mont. Code Ann. Title 25, Chapter 35 — Small Claims Procedure
• Mont. Code Ann. § 25-35-502 — Jurisdiction
• Mont. Code Ann. § 25-35-606 — Defendant's Counterclaim
• Mont. Code Ann. § 25-35-801 — Appeal to District Court
• Small Claims Court Forms — Montana Courts
• Montana Justice and City Court Rules of Civil Procedure
• Montana Small Claims Court — Gimme Law