These are basic comparisons between civil and small claim lawsuits. Neither the Clerks nor the Judge can provide you with legal advice. Questions should be directed to an attorney, or you may review the Montana Justice and City Court Rules of Civil Procedure for guidance. The libraries have a copy of the Statutes or they can be accessed on line at http://data.opi.state.mt.us/bills/mca_toc/index.htm
| Civil | Small Claims | |
|---|---|---|
| Claim Limit | $7000 | $3000 |
| Filing Fee | $35 | $20 |
| Service: Jurisdiction | Defendant can be served Statewide | Defendant must be served in Ravalli County |
| Type of Action | Complaints may relate to contract obligations, collection of money owed, recovery of personal property, title to personal property, damage to personal property, personal injuries, and landlord-tenant issues, including possession of rental property and damages incurred thereto. | Small Claims is limited to the recovery of money or property only. Pre-requisite: before filing a Small Claims suit, a certified letter must be sent to the debtor demanding payment. A copy of the letter must be attached to the Complaint |
| Filing the Complaint | The Complaint can be filed with the Court in person or by mail. | The person must personally appear and sign the Complaint before a Court Clerk |
| Corporations | Must file through an attorney | Corporations may file through an agent |
| Attorneys | Optional | Not permitted |
| Service of Papers | Plaintiff is responsible for arranging service by the Sheriff's Office or private process server | Plaintiff is responsible for arranging service by the Sheriff's Office or private process server |
| Service Costs | Fees associated with service of documents on Defendant are the same in both Courts | Fees associated with service of documents on Defendant are the same in both Courts |
| Procedures | A Defendant has 20 days from the service of a Complaint and Summons to file an Answer with the Court. If the Defendant fails to file an answer, the Plaintiff may file a written request for a default judgment. If the Defendant files an Answer, a pretrial conference and trial will be scheduled. | A trial date is scheduled when the Complaint is filed. The Defendant must be served at least 5 days prior to the trial. If service is not made within that time, the trial must be re-scheduled, and Plaintiff will again need to arrange service on the Defendant. |
| Trial | Bench or Jury Trial | Bench Trial Only |
| Appeals | Appeals must be filed within 30 days from date of judgment by either party who may be dis-satisfied by the judgment. | Appeals must be filed within 10 days from the date of judgment. Appeals are limited to questions of law. |
| Filing Limitations | None | Ten cases in a one year period. |