Small claims court is a quick, inexpensive and 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, in accordance with Title 25, Chapter 35 of the Montana Code Annotated.
There are some basic rules to know, and some guidelines to follow. The information below provides some guidance through the process, along with a step-by-step checklist available here.
GLOSSARY
- Plaintiff – the person alleging he or she is owed money or property
- Defendant – the person or party who allegedly owes money or property
- Counterclaim – if a defendant disagrees with the original claim and instead believes he/she is owed money or property, he/she may file a counterclaim
- Subpoena – a legal document issued by the court, that compels a witness to appear in court