Civil and Small Claims Court
Small Claims Court
Small claims court is a quick, inexpensive, informal way to resolve disputes over small amounts of personal property or money. Juries and lawyers are not necessary. Small claims cases are handled in justice courts; however, small claims court rules and procedures are informal and thus not necessarily the same as in justice court.
Civil Court
A civil complaint in Justice Court initiates a legal action to recover monetary amounts up to $15,000 (not including attorneys’ fees and court costs) and/or for possession of real estate (eviction).
Filing fees, service costs, attorney’s fees and damages may be recoverable in a civil suit if listed in the complaint. Although civil cases are often filed by attorneys, members of the public who wish to represent themselves may file without attorneys. Corporations, LLPs, trusts, partnerships, or other legal entities must file through an attorney, though LLCs are able to represent themselves in certain circumstances. Justice Court does not have jurisdiction to determine title to real estate or defamation.
Forms
Forms can be submitted in person at 200 W. Broadway or via mail: Missoula County Justice Court, 200 W. Broadway, Missoula, MT 59802.
Court Terms
The person, party or company alleging that they are owed money or property.
The person, party or company who allegedly owes money or property.
If a defendant disagrees with the original claim by the plaintiff and instead believes that they are owed money or property, the defendant may file a counterclaim.
A legal document issued by the court that requires a witness to appear in court.
A claim for an amount previously agreed on by operation of law or by the terms of the parties’ agreement.
The person (or people) company or other entity who owes the money as ordered by the Court.
The person (or people), company or other entity who should receive the money as ordered by the Court.
The official means by which a Defendant is notified that a lawsuit has been filed against them and provided a copy of the complaint and a description of the person’s rights and obligations as a party to the case.
Filing Fees
Fees are due at time of filing. Payment may be made by cash, credit or debit cards, personal check, money order or cashier's check. No filing will be accepted without the payment of the appropriate fee or an approved waiver.
If you cannot afford the filing fee, you may prepare an Affidavit of Inability to Pay. Your documents are not considered “filed” until a Judge has granted the fee waiver
- Complaint filing fee: $50
- Answer filing fee: $30 (per defendant)
- Civil judgment fee: $20
- Civil appeal fee: $20
- Searches: $10 per name
- Copies: $1 for first 10 pages, then $0.50 each