Montana small claims
How to fill out Montana's Small Claims Complaint (justice court)
Official form: Small Claims Complaint (statewide template, county-administered) · Walkthrough written against Statewide benchbook template (undated — the template carries no form number or revision date)
In Montana, this form is issued per county or court
There is no single statewide version — each county's (or court's) clerk issues its own, and courts generally expect their own version. The walkthrough below uses the Montana Justice Court benchbook's statewide Complaint template because the forms ask for largely the same information, but your court's layout and requirements can differ. Look up your courthouse to find the operative version — the clerk's office has it.
Download the official form — free, from the court
The only authoritative copy of this form is the court's own. Courts re-issue forms, so downloading a fresh copy right before filing beats reusing a saved one. We link the official source and never host court forms ourselves.
Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
Montana hears small claims in the Small Claims Division of its justice courts, which are county-administered. The Montana courts publish a statewide Complaint template in the justice court benchbook (posted at courts.mt.gov), and it is recommended rather than mandated — many counties use it as-is, while some justice courts assemble their own filing packets. The limit is $7,000, exclusive of costs.
Whatever the county, the complaint is a short sworn pleading: a caption naming the county's justice court, the justice of the peace, and the parties, followed by a single sworn allegation that the defendant is indebted to the plaintiff in a stated sum for reasons you fill in — a sum "now due, owing, and unpaid despite demands for the payment of the sum" — plus the plaintiff's costs. It is signed under oath, with a jurat completed by the justice of the peace or the clerk of the small claims division.
The walkthrough below uses the statewide benchbook template as the representative example, since it is the version the Montana courts publish. Your justice court may hand you its own packet — the clerk of the justice court where you file has the operative form.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption
"IN THE SMALL CLAIMS DIVISION OF THE JUSTICE'S COURT OF ___ COUNTY, STATE OF MONTANA — BEFORE ___, JUSTICE OF THE PEACE"
The county and the name of the justice of the peace who will hear the case. Montana justice courts sit by county, and the clerk can confirm the judge's name for the caption.
Plaintiff(s) / Defendant(s) name lines — and Case No.
The party names go on the ruled lines above the "Plaintiff(s)" and "Defendant(s)" labels in the caption block. The case number is assigned by the court.
The sworn allegation — amount and reason
"Comes now the Plaintiff, being first duly sworn, upon oath, and complains and alleges that Defendant is indebted to Plaintiff in the sum of $___ for ___"
The heart of the form: the dollar amount and, on the ruled lines, what the debt is for — the goods, services, loan, damage, or other basis of the claim.
"which sum is now due, owing, and unpaid despite demands for the payment of the sum, together with Plaintiff's costs expended in this action."
Pre-printed language completing the allegation — it states that payment was demanded and not made, and claims the plaintiff's costs on top of the sum (so costs are not folded into the dollar figure).
Date, signature, and contact information
"Dated this ___ day of ___, 20___" — Plaintiff's Signature
You date and sign the complaint.
Address / Phone Number
Your contact information, on the lines beneath the signature block.
The jurat
"Subscribed and sworn to before me this ___ day of ___, 20___" — Justice of the Peace / By: Clerk, Small Claims Division
The complaint is an oath: it is signed before the justice of the peace or the clerk of the small claims division, who completes the jurat. Signing at the clerk's counter when filing is the built-in route — both signature lines are printed on the template.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Assuming every Montana justice court uses this exact template — it is recommended, not mandated, and some justice courts issue their own packets; the clerk where you file has the operative version.
- ⚠Filing unsworn — the complaint's own opening line is "being first duly sworn, upon oath," and without the jurat completed by the justice of the peace or clerk it is incomplete.
- ⚠Claiming more than $7,000 — that exceeds the Small Claims Division's limit (which is exclusive of costs); larger claims go on the justice court's regular civil docket or to district court.
- ⚠Folding costs into the sum claimed — the pre-printed language claims the plaintiff's costs separately, on top of the stated sum.
- ⚠Filing in the wrong county — the caption names the county whose justice court will hear the case, and venue generally follows the defendant.
- ⚠Leaving the reason lines empty — the sum and what it is for are the complaint's only substantive allegations, and both blanks are yours to complete.
What filing costs, and where it happens
Montana justice court filing fees for small claims are modest and set by statute, with service costs added depending on how the defendant is served. The clerk of the justice court where you file quotes the exact total — verify before filing.
You file with the clerk of the justice court's Small Claims Division in the proper county — in person is the norm, which also solves the oath, since the justice of the peace or clerk administers it at the counter. After filing, the defendant is served with the complaint and an order to appear, and the case is heard by the justice of the peace.
Published fees and court locations for your county are in our Montana small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Is this the form for my county?
The walkthrough above uses the statewide benchbook template that the Montana courts publish at courts.mt.gov — the version many counties use. It is recommended rather than mandated, and some justice courts issue their own packets, so the clerk where you file has the operative form. The courts lookup on this site can point you to your county's justice court.
How much can I sue for in Montana small claims?
Up to $7,000, exclusive of costs, in the Small Claims Division of justice court. Larger claims go on the justice court's regular civil docket or to district court.
Does the complaint have to be notarized?
It is sworn — the template's jurat is completed by the justice of the peace or the clerk of the Small Claims Division, so filing in person takes care of the oath at the counter.
Where do I get the form?
The statewide template is a free download from the Montana courts' forms library (linked on this page), and the clerk of your justice court provides the local version if the court uses its own packet.
What happens after I file?
The clerk dockets the complaint and the defendant is served with it and an order to appear. The justice of the peace named in the caption hears the case, and both parties appear with their evidence.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.