Civil Complaints vs. Small Claims
Civil Court | Small Claims Court |
|---|---|
$50 Filing Fee | $30 Filing Fee |
Can be filed anytime | Must initiate with certified demand letter |
Suggest demand letter | Wait time – 10 days after mailing certified demand letter before filing |
Answer Fee – $30 per each defendant (copy must be mailed to Plaintiff by Defendant) | $20 Appearance fee paid by Defendant on the day of trial or before |
Counterclaim – no charge (copy mailed to Plaintiff by Defendant) | Counterclaim – $20 fee (must be served by Sheriff or Process Server to Plaintiff) |
$20 Judgment Fee from prevailing party (recoverable) | No Judgment Fee |
Preprinted forms | Preprinted forms |
May file in person or via mail with proper fees (e-mail or fax is not a proper filing) | Must file in PERSON – Plaintiff must be Sworn to Complaint |
Money/Value limit – $15,000.00 plus incurred fees | Money/Value limit – $7,000.00 plus incurred fees |
Service of Summons | Service of Order |
May file eviction/Action for Possession cases | CANNOT file real estate eviction cases (Action for Possession) |
Attorney may be required – see Rule 2, 4, and 7 MJCCRCP* | No Attorney unless ALL parties are represented by an attorney |
Defendant may live anywhere in Montana | Defendant MUST live in county or must be able to be served in the county |
20-day response period 5 days on Action for Possession Cases. Mediation set if Answer filed within 14 days | Required hearing set within 40 days of the issuance of court order setting trail |
Default Judgment may be granted without Pre-Trial if no answer submitted within 20 days; 5 days on Action for Possessions | Default Judgment may be granted at time of trail |
Judgment – Same effect in either court | Judgment – Same effect in either court |
Execution Procedures – same | Execution Procedures – same |
Appeal or Transfer - $20 transfer fee payable to Justice court; must appeal within 30 days from signed judgment date. | Appeal - matters of law only must be appealed within 10 days of signed judgment date |
| *MJCCRCP-Montana Justice and City Court Rules of Civil Procedure |