Small Claims

Small Claims procedure is governed by Title 25 Chapter 35 Montana Code Annotated.
  • The maximum recovery amount is $7,000 per case
  • Defendant must reside in Madison County
  • (If the amount exceeds $7,000 or if the Defendant does not reside in Madison County, go to Civil Court)
  • Prior to filing a complaint, Plaintiff is required to show the Court the certified mail receipt as proof that a demand letter was sent to Defendant. "Card must be signed or refused"
  • The Fee to file a Small Claims action is $30
  • The Court will set a hearing within 40 days
  • The Plaintiff will take the Complaint and Notice of Hearing to the Sheriff or a private process server to have it served on the Defendant(s). (Plaintiff must have physical location where Defendant may be served.)
  • Parties in Small Claims Court may not have an attorney unless both parties are represented by an attorney.
  • Appeal can be on issues of law only; there is not a trial de novo in District Court on appeal.

Additional Resources

Call the Court to have a Small Claims brochure mailed 406-843-4237.