Small claims · MT
Montana small claims court for diminished value claims
In Montana, small claims cases are heard in Small Claims Court (a division of Justice Court), which handles claims up to $7,000. If an insurer will not pay a diminished value claim and the amount is within the limit, this is where an owner can sue the at-fault driver. You bring the evidence, and the judge decides.
Court
Small Claims Court (a division of Justice Court)
Claim limit
$7,000
Attorneys
Limited
Deadline to sue
2 years
Montana courts
How small claims court works in Montana
- Claim limit
- $7,000. The $7,000 limit does not include court costs, and the defendant must be someone who can be served in the county where the case is filed. Mont. Code Ann. § 25-35-502.
- Where to file
- File in a county where the defendant can be served (§ 25-35-502).
- Attorneys
- A party may not have an attorney unless all parties do; a defendant who wants an attorney or a jury must remove the case to Justice Court within 10 days of being served (§§ 25-35-505, 25-35-605).
- Filing fee
- Set by the court and often by county. Check the court’s fee schedule before you file.
- Appeals
- Either party may appeal to the district court within 10 days of judgment, but there is no new trial; the appeal is limited to questions of law (§ 25-35-803).
Montana Judicial Branch: Civil Forms (Small Claims guides and forms)
Who you sue
Ask the Small Claims Court (a division of Justice Court) clerk how to name the defendant. In most states that is the at-fault driver, not the insurance company.
Diminished value law in Montana
A claim against the at-fault driver in Montana: unsettled. The general deadline to sue for vehicle property damage is 2 years (MCA 27-2-207). The cases and statutes are on the Montana diminished value page.
What to bring
See using an appraisal in small claims court for the evidence list and what to ask the Small Claims Court (a division of Justice Court) clerk.
Sources
- Mont. Code Ann. § 25-35-502
- Montana Judicial Branch: Civil Forms (Small Claims guides and forms)
- MCA 27-2-207
Researched October 11, 2026. General information from an appraisal perspective, not legal advice.
Evidence
An appraisal for a Montana claim
A Montana diminished-value appraisal is typically $250–$350 and comes with a custom demand letter. Autoloss is not a law firm and does not represent you in court.
Montana small claims questions
What is the small claims limit in Montana?
$7,000 in Small Claims Court (a division of Justice Court). The $7,000 limit does not include court costs, and the defendant must be someone who can be served in the county where the case is filed.
Do I need a lawyer for small claims court in Montana?
A party may not have an attorney unless all parties do; a defendant who wants an attorney or a jury must remove the case to Justice Court within 10 days of being served (§§ 25-35-505, 25-35-605).
How long do I have to sue in Montana?
Montana generally allows 2 years to sue for vehicle property damage (MCA 27-2-207). Talking with the insurer does not pause the deadline.
Can a Montana small claims decision be appealed?
Either party may appeal to the district court within 10 days of judgment, but there is no new trial; the appeal is limited to questions of law (§ 25-35-803).
Taking a Montana claim to court?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.