The numbers we have verified
The lowest figure we verified is $20 (Fergus County Justice Court (Small Claims), Fergus County) and the highest is $50 (Missoula County Justice Court (Civil and Small Claims), Missoula County).
Counts and ranges are generated from our verified data when this page is built. A county without a verified fee says so on its own page and never gets an estimated number.
How the usual fee adds up
Small claims in Montana are heard in justice's court for claims that do "not exceed $7,000, exclusive of costs", where the defendant can be served in the county (MCA 25-35-502). The small claims statute sets the fee: the clerk collects "$20 from the plaintiff upon the filing of the sworn complaint" and $10 from a defendant who appears and contests the claim or files a counterclaim (MCA 25-35-608).
A separate law adds a court technology surcharge. Every court of original jurisdiction must impose "on the initiating party in civil and probate cases, a $10 user surcharge at the commencement of each action", and a $10 surcharge on each defendant in a civil case upon appearance (MCA 3-1-317). The surcharge "is not a fee or fine and must be imposed in addition to other taxable court costs." $20 plus $10 is the figure most Montana courts publish.
The tables below are generated from the fees we verified on each court's own page.
| Yellowstone County court | Filing fee |
|---|---|
| Yellowstone County Justice Court (Small Claims) | $30 |
| Gallatin County court | Filing fee |
|---|---|
| Gallatin County Justice Court of Record (Small Claims) | $30 |
| Missoula County court | Filing fee |
|---|---|
| Missoula County Justice Court (Civil and Small Claims) | $50 |
| Fergus County court | Filing fee |
|---|---|
| Fergus County Justice Court (Small Claims) | $20 |
Why a few counties show a different figure
Missoula County's justice court publishes one fee schedule for both its civil court and its small claims court, with a single complaint filing fee. That figure matches the regular justice court civil fee, which is $40 for the plaintiff (MCA 25-31-112), plus the $10 surcharge, rather than the small claims fee.
Fergus County's page says the fees in small claims court total less than the usual figure. We report what each court publishes; the clerk can confirm the amount you will pay.
The defendant pays too
A Montana defendant who appears to contest the claim pays a fee as well: $10 under the small claims statute plus the $10 surcharge on appearance, which is why many county pages list a $20 appearance fee. Service by the sheriff or a levying officer is a separate cost, and some counties also list a fee when judgment is entered.
What this means if you are filing in Montana
Expect the usual total in most counties, and check the justice court's page in the county where you will file; the small claims court only has jurisdiction when the defendant can be served in that county. Add the cost of service. Our Montana county pages show the verified figure and link to each court's own page.
If you cannot afford the fees, the small claims statute says "the laws relating to paupers' affidavits apply to actions before the small claims court" (MCA 25-35-608(2)). See our Montana fee waiver guide.
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Sources
- MCA 25-35-502, Small claims jurisdiction (Montana Code Annotated 2025) (read October 2026)
- MCA 25-35-608, Small claims fees (Montana Code Annotated 2025) (read October 2026)
- MCA 3-1-317, User surcharge for court information technology (read October 2026)
- MCA 25-31-112, Justice's court civil fees (read October 2026)
- Missoula County Justice Court, Civil and Small Claims Court (read September 2026)
This is general information, not legal advice. Fees change; confirm the current amount with the court before you file. How we check our data: methodology.