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Small Claims Courts were designed to handle simple disputes between two people who need a court process to reach a final decision. It's up to the justice court to decide whether a small claims court is established within the area served by the justice court.

You can use a small claims court if you are trying to get money or specific personal property from another person, where the value is no more than $3,000. You must be able to serve the person you sue in the county where you file. § 25-35-502 M.C.A.

Parties in the small claims court may be individuals, partnerships, corporations, unions, associations, or any other kind of organization or entity, except the state or any agency of the state. § 25-35-505 M.C.A.

Representation by attorney is permitted only when both parties are represented. § 25-35-505 M.C.A.

Only a party who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the small claims court. § 25-35-505 M.C.A.

A small claims action begins whenever any person appears before a justice of the peace or his clerk and executes a sworn small claims complaint. Most courts have forms for starting a small claims court action. § 25-35-601 M.C.A.

The way to tell the judge what you want is to write it in a complaint. Also, you have to give notice to the person you sue. That's done with a complaint form and a summons. You will need to fill out a form explaining what it is you want, so that the other side of the case has notice.

I thought this was going to be simple. What if I don't understand the forms?

The justice court will have materials to help any claimant in preparing a complaint. § 25-35-601 M.C.A. There are pamphlets available at the small claims court office to help you. The attorney general's office has prepared a pamphlet explaining in plain language the procedures for prosecuting and defending a claim in small claims court. The pamphlets were distributed to each small claims court. The pamphlets are given to the plaintiff [the person bringing the case] when the plaintiff appears to execute his complaint, and a copy is attached to the order of the court/notice to the defendant. § 25-35-601 M.C.A.

It seems like court takes forever. If I file my case, how long does this process take?

The date for the appearance of the defendant is determined by the justice of the peace or by the clerk and may not be more than 40 or less than 10 days from the date of the order. § 25-35-603 M.C.A.

What do I do after I file the case?

You have to serve your complaint (the material in which you describe why you're in court) on the defendant (the person you're suing.) Service of a copy of the sworn complaint must be made upon the defendant not less than five days prior to the date set for his appearance by the judge's order. Service is done by the civil department of the Sheriff's office in your county. You cannot serve the document yourself. § 25-35-603.

So I told the defendant I was going to go to Smalls Claims Court. He says he's going to sue me back. Can he do that?

Yes, the defendant may present a counterclaim against you but only if it's based on the same transaction or occurrence. § 25-35-606 M.C.A.

I need to know why he's going to counterclaim. He won't tell me. I don't want to be surprised when we go to court. What now?

Just like you have to serve the defendant with the material you filed, the defendant must serve you as well, if there is a counterclaim. The counterclaim must be served on the plaintiff not less than 72 hours before the date set for the hearing. Service is done the same way you had the defendant served. § 25-35-606 M.C.A.

I've never been to court before. How is the hearing conducted?

The law specifies that the hearing and disposition of small claims actions shall be informal. § 25-35-701 M.C.A.

I've got witnesses. Can I bring them?

Both the plaintiff and the defendant may offer evidence in their behalf by witnesses appearing at the hearing or by written evidence, and the judge may direct the production of appropriate evidence. The small claims court also has subpoena powers, meaning the power to make people show up in court. § 25-35-702 M.C.A.

Will the judge tell me if I win or not?

Upon the conclusion of the case tried to the court, the justice shall make his findings and enter a judgment. § 25-35-801 M.C.A.

What about the money I spent getting into court? Can I get that too?

The filing fee and service costs are recoverable, if you win the case. The prevailing party (the winner) in an action before the small claims court is entitled to his costs. § 25-35-801 M.C.A.

You can appeal to the district court only on issues of law and the appeal is based on the record, usually a tape recording. You cannot retry your case later on appeal. §§ 25-35-703, 25-35-803 M.C.A.

Proceedings to enforce or collect a judgment are governed by the laws relating to execution upon justice's court judgments and are done just like any other judgment in justice court. If you don't understand how to collect a judgment, you may want to consult an attorney. §25-35-807 M.C.A.