Justice Court - Small Claims Court Actions
Call the Court to have a Small Claims brochure mailed (406)843.4237
Small Claims procedure is governed by Title 25 Chapter 25 Montana code Annotated.
- The maximum recovery amount is $7,000 per case
- Both Plaintiff and Defendant must reside in Madison County
(If the amount exceeds $7,000 or if one or both parties do 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 $20.00
- 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.)
- The Plaintiff and Defendant may be required to attend mediation prior to the hearing
- 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.
