Sued in Montana? You may have only 20 days to answer
Justice Court (civil): 20 days. District Court: 21 days. Small claims: no written answer, but go to court on the date set.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Montana
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Montana guides by topic
How to answer in Montana
Your deadline by court, the official form, fees and defenses.
Default judgment in Montana
What a default means and how to set it aside, with a calculator.
After a judgment in Montana
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in Montana
Justice Court (civil)
Most credit card, medical and debt-buyer lawsuits on a contract for money of $15,000 or less (not counting court costs and attorney fees) can be filed here.
Law: Mont. Code Ann. § 3-10-301(1)(a)
Justice Court, Small Claims
Claims for money of $7,000 or less when you can be served in the county. No lawyers unless all parties have one.
Law: Mont. Code Ann. § 25-35-502
District Court
Hears debt cases over the justice court limit, and some smaller ones.
Law: Mont. Code Ann. § 3-10-301
How to answer in Montana
- How to answer
Justice Court: file a written answer with the court in person or by mail (email or fax is not proper filing), pay the answer fee, and mail a copy to the plaintiff. Small claims: pay the appearance fee on the trial day and present your side. District Court: file a written answer with the clerk and serve a copy on the plaintiff.
- Fee to answer
Justice Court civil: $30 answer fee per defendant. Small claims: $20 appearance fee paid by the defendant on the day of trial (Montana Courts justice court guide).
- If you can't pay the fees
Ask the court clerk for the form to request a waiver of fees if you cannot afford them.
- How you must be served
Justice Court civil cases begin with service of a summons and complaint. It can be delivered by the sheriff or a deputy, a constable, or any adult who is not a party. It can also be mailed first-class with a notice and acknowledgment form; if you do not sign and return the acknowledgment within 20 days, the plaintiff must have you served in person. In small claims, the court's order is served on you instead.
Law: Mont. Just. & City Ct. R. Civ. P. 4(D) (Mont. Code Ann. Title 25, ch. 23); Montana Courts, Civil Complaint vs. Small Claims (Justice Court)
Law: Mont. Just. & City Ct. R. Civ. P. 4(C)(2)(b), 5(A); Montana Courts, Civil Complaint vs. Small Claims (Justice Court); Mont. R. Civ. P. 12(a)(1)(A)
Defenses to know in Montana
- Defenses in Montana law
Montana's time limit to sue is 6 years on a written contract for lawsuits filed on or after Oct. 1, 2025 (it was 8 years), and 5 years on an unwritten contract or account. A part payment or a signed written acknowledgment restarts the clock.
Law: Mont. Code Ann. § 27-2-202; § 27-2-409
- Time limit to sue (written contract)
- 6 years · More on old debts at Debt Collector Map
If you missed the deadline in Montana
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
Justice Court civil: if no answer is filed within 20 days, the plaintiff can ask the court to enter a default, and then a default judgment for the amount claimed without a trial. You may still file an answer after 20 days as long as no default has been entered yet. Small claims: a default judgment may be granted at the trial if you do not appear.
- How to set it aside (cancel it)
Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect). You must serve the motion on the other side and give notice of the hearing; the court sets a hearing within 10 days. District Court: the court may set aside an entry of default for good cause and a default judgment under Rule 60(b); a motion for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud must be filed no more than 1 year after judgment.
Law: Mont. R. Civ. P. 55(c); Rule 60(c)(1)
Law: Mont. Just. & City Ct. R. Civ. P. 5(A), 21(A)(8), 22(A); Mont. R. Civ. P. 55(c), 60(b)-(c)
Count your deadline to set aside a default
If there is a judgment in Montana
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
If the contract sets an interest rate, the judgment carries that rate. Otherwise, the bank prime rate on the day judgment is entered plus 3% (prime rate set each January 1). Judgment interest may not be compounded.
- How long it lasts
10 years. The creditor can enforce it (for example by a writ of execution) within 10 years, and can sue on the judgment within 10 years to get a new one.
Law: Mont. Code Ann. § 25-9-205; § 27-2-201(1)-(2); § 25-13-101
Garnishment, bank levy and exemptions in Montana
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
The federal limit applies — no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.
Law: Mont. Code Ann. § 25-13-614(2)
- Bank levy (freezing and taking money in your bank account)
The sheriff or levying officer executes on your account and must serve you a notice of seizure within 5 days (in person or by mail). The notice must tell you that you may claim an exemption and how. Exempt money such as Social Security can be claimed.
- How to claim an exemption
File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents. Mail copies the same day to the creditor (or its lawyer) and the sheriff. Deadline: 10 days, not counting weekends and holidays, from when you received the notice (if handed to you) or from the date it was mailed. If you miss it, you cannot claim the exemption for that seized property. The court must hold the hearing within 10 business days.
Law: Mont. Code Ann. § 25-13-211; § 25-13-212
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Montana
Count your deadline to claim an exemption
Free help in Montana
- MontanaLawHelp.org – How to answer when you get sued (free legal aid guide and forms)
- Montana Legal Services Association (free civil legal help)
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Montana
- In Justice Court, you have only 30 days after a default judgment to ask the judge to set it aside under Justice Court Civil Rule 22 (Missoula County Justice Court form).
- You have only 10 business days after notice of a seizure to claim an exemption; otherwise you lose it for that property (Mont. Code Ann. § 25-13-212(2)).
- Montana judgment interest is the prime rate plus 3%, and it cannot be compounded (Mont. Code Ann. § 25-9-205).
Changes in 2024–2026
For lawsuits filed on or after October 1, 2025, the time limit to sue on a written contract dropped from 8 years to 6 years.
Law: SB 143, Ch. 174, L. 2025; Mont. Code Ann. § 27-2-202(1)
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Montana
How long do I have to answer a debt lawsuit in Montana?
Justice Court (civil): 20 days to respond. Small claims: no written answer; go to the trial, which is set within 40 days of the court's order. District Court: 21 days after you are served. Always check the number of days printed on your summons.
How do I answer a debt lawsuit in Montana?
Justice Court: file a written answer with the court in person or by mail (email or fax is not proper filing), pay the answer fee, and mail a copy to the plaintiff. Small claims: pay the appearance fee on the trial day and present your side. District Court: file a written answer with the clerk and serve a copy on the plaintiff.
Does it cost money to answer in Montana?
Justice Court civil: $30 answer fee per defendant. Small claims: $20 appearance fee paid by the defendant on the day of trial (Montana Courts justice court guide).
What if I can't afford the court fees in Montana?
Ask the court clerk for the form to request a waiver of fees if you cannot afford them.
What happens if I don't answer in Montana?
Justice Court civil: if no answer is filed within 20 days, the plaintiff can ask the court to enter a default, and then a default judgment for the amount claimed without a trial. You may still file an answer after 20 days as long as no default has been entered yet. Small claims: a default judgment may be granted at the trial if you do not appear.
Can I cancel a default judgment in Montana?
Justice Court: file a Motion and Affidavit to Set Aside Default Judgment within 30 days after the judgment was entered, showing good cause (mistake, inadvertence, surprise or excusable neglect). You must serve the motion on the other side and give notice of the hearing; the court sets a hearing within 10 days. District Court: the court may set aside an entry of default for good cause and a default judgment under Rule 60(b); a motion for mistake, inadvertence, surprise or excusable neglect, new evidence or fraud must be filed no more than 1 year after judgment.
How much interest does a judgment add in Montana?
If the contract sets an interest rate, the judgment carries that rate. Otherwise, the bank prime rate on the day judgment is entered plus 3% (prime rate set each January 1). Judgment interest may not be compounded.
How long does a judgment last in Montana?
10 years. The creditor can enforce it (for example by a writ of execution) within 10 years, and can sue on the judgment within 10 years to get a new one.
Can my wages be garnished in Montana?
The federal limit applies — no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.
Can a creditor take money from my bank account in Montana?
The sheriff or levying officer executes on your account and must serve you a notice of seizure within 5 days (in person or by mail). The notice must tell you that you may claim an exemption and how. Exempt money such as Social Security can be claimed.
How do I claim an exemption in Montana?
File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents. Mail copies the same day to the creditor (or its lawyer) and the sheriff. Deadline: 10 days, not counting weekends and holidays, from when you received the notice (if handed to you) or from the date it was mailed. If you miss it, you cannot claim the exemption for that seized property. The court must hold the hearing within 10 business days.
More help on our sister sites
Sources
- Mont. Code Ann. § 3-10-301 (justice court jurisdiction, $15,000)
- Mont. Code Ann. § 25-35-502 (small claims, $7,000)
- Mont. Code Ann. § 25-9-205 (judgment interest)
- Mont. Code Ann. § 27-2-201 (10 years on judgments)
- Mont. Code Ann. § 25-13-101 (time to issue execution)
- Mont. Code Ann. § 25-13-211 (notice of seizure)
- Mont. Code Ann. § 25-13-212 (claiming exemption)
- Mont. R. Civ. P. 55 (MCA)
- Mont. R. Civ. P. 60 (MCA)
- Montana Courts – Civil Complaint vs. Small Claims (Justice Court)
- Montana Justice and City Court Rules of Civil Procedure, Rule 22 (MCA Title 25, ch. 23)
- Montana Justice and City Court Rules of Civil Procedure, Rule 5
- Mont. R. Civ. P. 12 (MCA)
- Missoula County Justice Court – Motion and Affidavit to Set Aside Default Judgment
- Mont. Code Ann. § 27-2-202 (statute of limitations)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?