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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
- Complaint/Summons (PDF)
- Guide to Small Claims Court
- Difference between Civil vs. Small Claims (PDF)
- Small Claims Court Checklist (PDF)
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Justice Court
Physical Address
100 W Wallace St
First Floor
Virginia City, MT 59755
Mailing Address
PO Box 277
Virginia City, MT 59755
Phone: (406) 843-4237Fax: (406) 843-4219
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Rebekah Norton