Justice Court’s Civil/Small Claims Office is located on the East side of the first floor of the historic side of the Missoula County Courthouse, 200 W. Broadway. Business hours are 8:00 am to 5:00 pm, Monday through Friday, excluding holidays.

Judges and clerks are prohibited from giving legal advice, though the clerks can answer procedural questions and provide copies of forms.

Click on one of the following links to jump to the section:

• Introduction
• Civil Case Filing Fees
• Civil Complaint, Summons and Service
• Civil Answer
• Filing Civil Motions in Justice Court
• Civil Bench Trials
• Post Judgment
• Civil Forms with Instructions

Introduction

A Civil Complaint in Justice Court initiates a legal action to recover monetary amounts up to $15,000.00 (not including attorneys’ fees and court costs) and/or for possession of real estate (eviction). Filing fees, service costs, attorney’s fees, and damages may be recoverable in a civil suit if listed in the complaint. Although civil cases are often filed by attorneys, members of the public who wish to represent themselves may file without attorneys. Corporations, LLPs, trusts, partnerships, or other legal entities must file through an attorney, though LLCs are able to represent themselves in certain circumstances. Justice Court does not have jurisdiction to determine title to real estate or defamation.

If you choose to represent yourself, you may wish to consult the Montana Justice Court Rules of Civil Procedure as well as the Missoula County Justice Court Local Rules. Additionally, you may look into the following resources:

Common Terms

• Plaintiff(s): The person(s), company or other entity filing a Complaint against another person(s), company or other entity.
• Defendant(s): The person(s), company or other entity that the case is filed against.
• Judgment Debtor(s): The person(s), company or other entity who owes the money as ordered by the Court.
• Judgment Creditor(s): The person(s), company or other entity who should receive the money as ordered by the Court.
• Service of Process: The official means by which a Defendant is notified that a lawsuit has been filed against him/her and provided a copy of the complaint and a description of the person’s rights and obligations as a party to the case.

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Civil Filing Fees

Filing fees are due at time of filing. Payment may be made by cash, VISA©, MASTERCARD®, ATM and Debit cards, personal check, money order, or cashier's check. No filing will be accepted without the payment of the appropriate fee or an approved waiver.

If you cannot afford the filing fee, you may prepare an Affidavit of Inability to Pay. Your documents are not considered “filed” until a Judge has granted the fee waiver.

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Civil Complaint, Summons and Service

A complaint is the document that starts a civil case, where the plaintiff explains in short, clear language what occurred and what they are requesting from the court. A summons is a form directing a defendant to appear in court to answer a civil complaint and providing a deadline to do so. A summons for possession is specific for eviction complaints, and provides 10 business days to answer. A generic summons is used for everything else and provides 20 calendar days to answer. The Clerk of Court will prepare the summons once the complaint is filed. The plaintiff is responsible for proper service of the complaint and summons.  The complaint and summons must be personally served on the defendant by a Deputy Sheriff, licensed process server or a disinterested third party. For a list of licensed process servers in Missoula, click here. 

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Civil Answer

Counterclaims

A counterclaim is a request from the defendant against the plaintiff for damages involving the same transaction or occurrence as the complaint. The counterclaim does not need to be served by the Sheriff or process server, but can be mailed to the plaintiff. The plaintiff must file a reply to the counterclaim or the defendant would receive exactly what they requested without the plaintiff having a chance to contest it.

Reply to Counterclaim

This is an "answer" to the counterclaim, where the plaintiff explains which allegations in the counterclaim are admitted and which are denied. The plaintiff has 20 calendar days from the date the counterclaim is filed to submit an reply to the court. The original should be filed with the court and a copy mailed to the defendant. After an answer is filed, the Court will generally set hearings (mediation and hearing on possession for evictions, pre-trial conference for general cases). Mediation is an opportunity for the parties to discuss a resolution with a trained facilitator (but without the judge present). A hearing on possession is where the judge decides if an eviction request will be granted. A pre-trial conference is hearing where the parties to meet with the judge to discuss scheduling of mediation and trial dates as well as to facilitate the exchange of discovery (pictures and documents that might be presented at a trial).

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Filing Civil Motions in Justice Court

A motion is a written request to the judge. The most common type is to reset a hearing date (“continuance”). To request that a hearing date be continued, you need to file a written request with the court. You will need to contact the other party and ask if they object to the continuance.

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Civil Bench Trials

Trials (including possession hearings) are where the judge reaches a decision about the case. The plaintiff has the “burden of proof” meaning that they need to prove to the judge that they should win. Their burden is a “preponderance of the evidence” which just means more likely than not (or 51% likely).

 Parties should come on the day of trial with three (3) copies of any documents or pictures they would like the judge to look at (one copy for themselves, one copy for the opposing party, one copy for the judge). Make sure that any witnesses arrive on time, in person, unless you have received specific permission from the judge for them to appear by phone or video.

 Each party has the opportunity to give an opening statement, which is a brief summary of what the case is about. Because the plaintiff has the burden of proof, they present their case first. Each of the plaintiff’s witnesses will be sworn in and the plaintiff will ask them questions. The defendant will then have the chance to ask each witness questions. Any evidence (pictures, documents, recordings, etc.) should be shown to the court while the witnesses are testifying. After the plaintiff finishes with each of its witnesses, the defendant will get to present their case by questioning their witnesses and showing evidence. After the defendant finishes presenting their case, each party has the chance to give a closing argument. No more testimony is allowed, but this is a chance to sum up for the judge what was said.

 The judge may rule immediately or they may “take the matter under advisement” meaning that you will receive a written ruling in the future. If you believe the judge erred in reaching their decision, you have the right to appeal, but you must file the appeal within thirty (30) calendar days of receiving the court’s judgment.

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Post Judgment

The party awarded the judgment is referred to as the judgment creditor. The party owing the judgment is referred to as the judgment debtor. The prevailing party in a case, or the judgment creditor, is responsible for collecting the awarded judgment; the court will not collect the judgment. There are several options that may be utilized. Judgments entered on or after October 1, 2001 are good for 10 years. Most judgments can gain interest at 10% per annum beginning with the date of the entry of judgment. After the entirety of the judgment is collected a Satisfaction of Judgment must be filed by the judgment creditor with the clerk of the Justice Court. If the person who owes money (the judgment debtor) refuses to pay, the judgment creditor may choose to employ one or more of the following methods to attempt collection of your judgment:

Garnish the Debtor’s Wages

A wage garnishment orders the debtor’s employer to give the creditor part of the debtor’s wages until the debt is paid. Federal and state law places limits upon the amount of earnings subject to garnishment. To garnish wages, the creditor may request that the judge issue a Writ of Execution. The name and address of the debtor’s employer must be included on the form. Interest (if awarded in judgment) must also be correctly calculated. Once the writ is issued, it must be served. The creditor cannot serve the writ of execution themselves. It must be served by the sheriff’s office or a private levying officer. A writ of execution remains in effect for 120 days from the date of receipt by the sheriff or levying officer and may be served multiple times until it expires. If the writ is returned unsatisfied or partially unsatisfied a new writ of execution may be issued for the remaining balance together with costs and interest.

Levy upon the Debtor’s Bank Account

A writ of execution is the instrument used to levy a judgment debtor’s bank account. By placing a levy on a bank account, money will be withdrawn directly from the debtor’s bank account to pay the judgment. The creditor must include the name, address and branch of the bank on the writ of execution. Interest (if awarded in judgment) must also be correctly calculated. Once the writ is issued, it must be served. The writ of execution cannot be served by the creditor. It must be served by the sheriff’s office or a private levying officer. A writ of execution remains in effect for120 days from the date of receipt by the sheriff or levying officer and may be served multiple times until it expires. If the writ is returned unsatisfied or partially unsatisfied a new writ of execution may be issued for the remaining balance together with costs and interest.

File a Certification of Transcript of Judgment with the District Court

Filing a Certification of Transcript of Judgment with the District Court puts a judgment lien on any land, house or other building the debtor owns in the county where the transcript is filed. File the transcript in all counties where the debtor may own property. If the property is sold, the debt will be paid out of the proceeds of the sale. The judgment lien is good for six (6) years. The judgment lien will also put a lien on property the debtor may buy in the future and prevent the debtor from refinancing any property until the debt is paid.

Levy upon the Debtor’s Personal Property

To levy upon the personal property of the judgment debtor, complete a writ of execution and file it with the Justice Court Civil Clerk for issuance. On the writ, the creditor will need to describe the personal property to be levied upon. Once issued, take it to the sheriff or levying officer. Some personal property is exempt from execution, i.e. one motor vehicle not to exceed $1,200.00 and household furnishings not to exceed $4,500.00 in aggregate value, no item to exceed $600.00 in value. There are other exemptions- see M.C.A. Title 25, Chapter 13. If the judgment debtor used the property to secure a loan or to purchase the property, the security lien of the bank or finance company must be paid before any moneys from the execution will be applied to your judgment.

Till Tap

If the debtor is a business with a cash register, the sheriff or levying officer can go to the business and take enough money out of the register to satisfy the judgment and their fees. The creditor will need to know the name and address of the debtor’s business to complete the writ of execution. Once filed and issued, take the writ to the Civil Sheriff or levying officer. If there isn’t enough money in the register to pay the judgment, the sheriff or levying officer can attempt to tap the till again. A fee is assessed for each attempt.

Hold a Debtor’s Hearing

A Debtor’s Hearing requires the debtor to come to court and answer the creditor’s questions about his/her salary, bank accounts, property and anything else that could be used to pay the judgment. This can only be done after at least one attempt has been made to collect the debt with a writ of execution. Complete and file a motion with the court requesting a Debtor’s Hearing. Bank books, paycheck stubs, records, etc. can be subpoenaed. A subpoena duces tecum listing any specific items or records that the creditor would like the debtor to bring to the hearing must be filed by the creditor and signed by the Judge. When the order setting a Debtor’s Hearing and the subpoena duces tecum are signed, they must be taken to the Civil Sheriff or levying officer to be served upon the debtor. If the debtor has been served and fails to appear at the Debtor’s Hearing a warrant may be issued for their arrest for contempt.

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Civil Forms

Forms and instructions are available for download on our Forms page.