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.