What are Montana Small Claims Cases and Class Action Lawsuits?

Montana small claims lawsuits are civil suits lodged to resolve conflicts involving sums not exceeding $7,000. These cases are usually resolved at the justice courts. On the other hand, class action cases are combined civil proceedings or lawsuits in which one class defendant represents all the other members who have been harmed, abused, or injured in a similar condition. The small claims courts available in each county have developed court proceedings that help to settle these cases easily and faster. A small claim or a class-action lawsuit may be brought by someone aged 18 and over. A parent or guardian can sue for the complainant under the age of 18 on their behalf.

What is a Class Action Lawsuit in Montana?

A class action litigation is a civil action generally referred to as a representative action. Montana’s class action lawsuit begins when a class of mistreated parties with the same or related cases files a combined lawsuit. In the court, the entire group is represented by one member of the class and their counsel. According to Montana’s Rules of Civil Procedure, plaintiffs of a class action can sue the defendant on behalf of other members if:

• Several plaintiffs are involved and it is difficult to bring individual lawsuits.
• The class delegate is expected to make the same statements and arguments as other members.
• The class delegate represents the needs of each member of the class and defends them.
• Class claims or defenses can be sustained; the action can not be dismissed willingly without the court's consent.

In Montana, only persons living at the time of the crime can constitute part of the class of plaintiffs. Nevertheless, if the suspected crime occurs in the state, non-citizens could be included.

How do I File a Claim in a Montana Small Claims Court?

Persons above 18 years are allowed to initiate small claim cases in Montana. The eligible applicants are typically required to make a claim of no more than $7,000.  This figure does not include interest, lawyer’s fees, and other legal expenses. Eligible applicants can pick up complaints forms from the court clerk. The downloadable form should be submitted to the court clerk’s office via mail or in person. Other documents supporting the claim may be attached. Some important information to include when filing the small claims complaint court are:

• Witnesses who were part of the deal,
• The purpose of the deal or agreement
• When the deal was agreed
• Who failed to keep the agreement
• What you require from the court

Note that it is best to file a small claim case where the defendant lives. This is important so that the defendant can be served the notice on time and respond within ten days. A hearing should be set up within 40 days to determine if there may be a settlement or a trial.

Do I Need a Small Claims Lawyer?

Attorneys are legal professionals who provide guidance on specialized fields of law. For example, an expert business lawyer may provide advice on legal claims. Lawyers also advise the plaintiff (their clients) and can defend them in court by the conditions for a small lawsuit. In Montana, though, petitioners may file a lawsuit without a lawyer.

Usually, the court clerk gives the necessary details for submission. Without a prosecutor, it is even likely to go to trial. However, it could be better to employ a lawyer if the allegation is against a big corporation.

How do Class Action Lawsuits Work in Montana?

Typically, a group of aggrieved or similarly injured individuals initiates a class action. In Montana, at least 40 people are generally required for a lawsuit to qualify as a class action. A lawyer files the case on behalf of the class representative, and if the court deems the lawsuit meets the requirements of Rule 23 of the Montana Rules of Civil Procedure, it grants class certification. Once certified, each potential class member is notified and can decide whether to join the class action or pursue separate legal action. The judge evaluates whether the claims are sufficiently similar and whether class-wide treatment is appropriate based on Rule 23’s criteria.

Is a Class Action Better Than a Single Party Suit?

There are both positives and negatives to class-action litigation and single-party suits. A class action is a means to pursue compensation where single claims are not severe enough to merit a case. Class actions can also help to save legal costs, as one attorney can serve all class representatives. The representatives in a class-action lawsuit, though, are charged simultaneously. Amounts owed to each participant may not be substantial due to the number of individuals. The litigation or resolution process may also not be managed by plaintiffs in a class action. Class plaintiffs may not bring separate claims over the same crime if the class action is not productive. Individual cases may be sought by members who believe their rights would not be equally and properly served in a class-action lawsuit.

Montana public records may also be accessed through third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Montana?

According to the Montana Code Annotated (MCA) section 25–35–502, small claims cases may be served by plaintiffs in the justice court within the county. The justice courts have jurisdiction over civil disputes where no more than $12,000 is involved. Each justice court may have a small claim court division that resolves issues below $3000. Other small claims cases under the state’s statutes include:

• County and municipal ordinance violations
• Loan cases (bad debt)
• Failure to return a security deposit
• Car repair frauds
• Breach of warranty disputes
• Defamation cases
• Eviction and Landlord-tenant disputes
• Property damage
• Divorce cases (simplified and uncontested divorces)