Courts · Small Claims
Small Claims Court Limit in Montana
The most you can sue for in Montana small claims — with the filing-fee range and whether a lawyer is allowed, cited to the statute.
The limit, the fee & who can appear in Montana
The claim ceiling, how the filing fee is set, and whether lawyers are allowed at the hearing.
| Maximum claim | $7,000 |
| How the limit works | One statewide limit |
| Filing fee | ~$30–$60 per court; the justice-court filing fee starts around $30, and adding service by the sheriff or constable pushes the up-front cost higher |
| Lawyers at the hearing | Not allowedSelf-represent only Under §25-35-505, a party may not be represented by an attorney unless every party has one. If you want a lawyer, either both sides agree to it or the defendant removes the case to the regular justice-court civil docket within the deadline, which also restores the right to a jury. |
| Statute / court rule | Mont. Code Ann. §25-35-502 (limit); §25-35-505 (representation) |
Where to file in Montana
A reference page, not a filing walkthrough — here's the official resource for procedure.
This page is a reference for the dollar limit, fee, and whether a lawyer is allowed — not a step-by-step filing guide. For the forms, where to file, and how service works, use Montana's official court self-help resource.
→ Montana Department of Justice (small claims)What Montana filers get wrong
Montana caps small claims at $7,000, set by Mont. Code Ann. §25-35-502 and heard in the small claims division of the justice court. We confirmed the $7,000 figure verbatim in the official code. Montana runs its small claims forum as a genuinely lawyer-free process: §25-35-505 says a party may not be represented by an attorney unless all parties are represented, so one side cannot bring counsel while the other goes it alone. A defendant who wants a lawyer or a jury can instead remove the case to the regular civil docket of the justice court, but the small claims track itself stays informal. Filing fees are set by each court and start around $30, with service costs on top. The $7,000 ceiling applies statewide.
Common questions
What is the small claims limit in Montana?
Montana small claims courts hear claims up to $7,000, exclusive of costs, under Mont. Code Ann. §25-35-502. The limit is the same across the state.
Can I bring a lawyer to small claims court in Montana?
Only if both sides do. Under §25-35-505 a party may not be represented by an attorney unless all parties are represented. If you want a lawyer, either the other side agrees or the defendant removes the case to the regular justice-court civil docket.
How much does it cost to file a small claims case in Montana?
Each justice court sets its own fee, starting around $30. Serving the defendant through the sheriff or a constable adds to that, so plan for roughly $30 to $60 up front depending on where you file.
What if I want a jury or an attorney in my Montana small claims case?
A defendant can file to remove the case from small claims to the regular civil docket of the justice court. That restores the right to a jury trial and to attorney representation, but it also makes the process more formal.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.