SMALL CLAIMS COMPLAINT

IN THE JUSTICE COURT OF [COUNTY] COUNTY, STATE OF MONTANA

SMALL CLAIMS DIVISION

Case No.: _______

PLAINTIFF

[PLAINTIFF LEGAL NAME],
[Street Address]
[City, State ZIP]
Telephone: [_____]

v.

DEFENDANT

[DEFENDANT LEGAL NAME],
[Street Address]
[City, State ZIP]
Telephone: [_____]

COMPLAINT AND STATEMENT OF CLAIM

(Monetary Damages Within Statutory Small-Claims Limit)

[// GUIDANCE: Montana currently caps recoverable damages in Small Claims Court at $7,000 exclusive of allowable costs and statutory interest. Verify current limit before filing.]

TABLE OF CONTENTS

I. Parties
II. Jurisdiction & Venue
III. Factual Allegations
IV. Claims for Relief
V. Damages Sought
VI. Prayer for Relief
VII. Certification re Amount in Controversy & Eligibility
VIII. Reservation of Rights
IX. Verification
X. Certificate of Service

I. PARTIES

1. Plaintiff. [PLAINTIFF LEGAL NAME] (“Plaintiff”) is an individual/business entity residing or doing business in [County], Montana.
2. Defendant. [DEFENDANT LEGAL NAME] (“Defendant”) is an individual/business entity residing or doing business in [County], Montana.

II. JURISDICTION & VENUE

3. This Court has subject-matter jurisdiction because the amount in controversy does not exceed the monetary limit prescribed for Montana Small Claims Courts.
4. Venue is proper in this County because (a) the cause of action arose here and/or (b) Defendant resides or does business here.

III. FACTUAL ALLEGATIONS

5. On or about [DATE], the parties entered into a[n] [describe agreement/transaction] whereby Defendant agreed to [summarize obligations].
6. Plaintiff fully performed all material obligations or was excused from further performance.
7. Defendant breached the parties’ agreement and/or applicable legal duties by [specify conduct—e.g., non-payment, defective workmanship].
8. As a direct and proximate result, Plaintiff suffered monetary damages in the amount of $[AMOUNT] plus allowable costs and statutory interest.

[// GUIDANCE: Provide concise, fact-focused allegations; avoid legal conclusions in this section.]

IV. CLAIMS FOR RELIEF

Count 1 – Breach of Contract (if applicable)
9. Plaintiff incorporates ¶¶ 5–8.
10. Defendant’s failure to [describe breach] constitutes a breach of contract, causing Plaintiff damages as pleaded.

Count 2 – [Alternative/Additional Claim, e.g., Goods Sold & Delivered, Negligence, Unjust Enrichment]
11. Plaintiff incorporates ¶¶ 5–8.
12. [Set forth elements of additional claim.]

[// GUIDANCE: Plead only claims cognizable in small claims (monetary relief). Remove or edit as appropriate.]

V. DAMAGES SOUGHT

13. Principal Amount: $[_____].
14. Pre- and post-judgment interest as permitted by law.
15. Court costs and fees recoverable under Montana small-claims procedure.
16. Any other relief the Court deems just and proper, provided total recovery does not exceed the jurisdictional cap.

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant for:
A. $[PRINCIPAL] in monetary damages;
B. Statutory interest from [DATE] until paid in full;
C. Court costs as allowed; and
D. Such other and further relief as equity and justice require, not exceeding the small-claims limit.

VII. CERTIFICATION RE AMOUNT IN CONTROVERSY & ELIGIBILITY

I, the undersigned, certify:
a. The total amount sought, exclusive of allowable costs and interest, is $7,000 or less.
b. The claim is for money only, not for injunctive or other equitable relief.
c. The claim is otherwise eligible for resolution in Montana Small Claims Court.

VIII. RESERVATION OF RIGHTS

17. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to pursue any appeal permitted by Montana law in the event of an adverse judgment.

[// GUIDANCE: Under Montana procedure, either party may appeal a Small Claims judgment to District Court within 10 calendar days of entry. Calendar this deadline immediately upon notice of judgment.]

IX. 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.

Date: ____ Signature: ____
Printed Name: _____

X. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Complaint and any accompanying documents were served on Defendant by [method of service permitted—e.g., certified mail, sheriff, constable] at the address listed above on _//20.

[PLAINTIFF OR SERVER NAME]
(Address, if required)

[// GUIDANCE: Montana Small Claims Rules require service by sheriff, constable, or certified mail with return receipt requested unless the defendant voluntarily appears. Attach any proof of service once accomplished.]

SIGNATURE BLOCK

Respectfully submitted,

[PLAINTIFF NAME]
[Street Address]
[City, State ZIP]
Telephone: [_____]
Email: [optional]

[// GUIDANCE: Attorney representation is allowed but not required. If an attorney is filing, insert attorney signature block with bar number and comply with Justice Court e-filing/local signature rules.]