SettleADebt.

FIND THE EXPLANATION

Which place’s debt rules apply—and who can help?

Use the notice, agreement, and places connected to the debt to find the right court, regulator, or legal-help service.

Explore Montana information →

This address preserves a dated source document behind the guide. The complete explanation covers the questions, comparisons and next steps for this subject.

If you came here to check a specific citation, open the original archive below. It includes its source dates and recorded qualifications.

Original source archive (optional)Original working documents, complete tables and revision history
About this archive

The explanation above is written for readers. These original working documents preserve the evidence trail, including technical language, dated passages and known corrections. They have not all received independent professional review. Use the marked limits before relying on a particular rule or figure.

DETAILED RESEARCH · EVIDENCE & LIMITS INCLUDED

SMT Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur

S_MT · pass-13Captured 2026-10-268 tables · 62 claim records · 20 source recordsScoped coordinator review completed

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

8 pending corrections

This dated research component contains identified issues. Read the correction panel before relying on its affected passages or tables. Other findings retain their own evidence limits.

This dated narrative contains pending corrections. Read the notes, then expand the original text.

S_MT PASS-13 — Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur

Fresh research session: October 26, 2026, Pacific / October 26, 2026, UTC Actual model/mode: GPT-5.6 Sol Pro, regular Chat Relationship to earlier work: Distinct civil-procedure component. P6–P12 are not treated as accepted premises merely because they are saved. This is not an independent review.

Component status: PARTIAL. Montana’s ordinary court routes, monetary limits, venue, commencement, principal service methods, response deadlines, computation rules, default requirements, and principal set-aside procedures are established. The live conflict between the two-year service statute and three-year District Court rule, small-claims default-vacatur procedure, several local filing practices, actual service facts, and all substantive proof and postjudgment enforcement remain held.

I. Executive findings

  1. Montana District Court has general original civil jurisdiction and no ordinary monetary ceiling. Justice Court generally may hear contract, debt, note, and account claims up to $15,000, excluding costs and attorney fees. City and Municipal Courts use the corresponding limited-jurisdiction route for ordinary private civil claims. Small Claims Court is a Justice Court division limited to $7,000, excluding costs, and the defendant must be servable in the filing county. Montana Code Annotated+3
  2. Small Claims is not an ordinary debt-buyer forum. The claimant generally must have been a party to the transaction with the defendant. Assigned claims are barred except for the narrow statutory shoplifting-assignment exception. Small Claims also limits ordinary claimants to ten filings per calendar year. Montana Code Annotated
  3. A District Court complaint starts the action when filed, but filing is not service. Personal jurisdiction ordinarily requires valid service, a valid acknowledgment or waiver route, or a legally sufficient appearance. Actual knowledge of the suit does not cure defective service. Montana Code Annotated+1
  4. District Court uses a 21-day response period; Justice, City, and ordinary Municipal Court use 20 days. Small Claims does not use a conventional written answer deadline: the defendant is ordered to appear and answer at a hearing set 10–40 days after the order, with service at least five days before the hearing. Montana Code Annotated+4
  5. Initial service by email, text message, or an e-filing notification is not a general Montana service method. District Rule 5 electronic service applies to later papers and requires written consent; it does not replace Rule 4 service of the original summons and complaint. Merely listing an email address does not itself constitute consent. Montana Code Annotated+1
  6. Montana’s mail route is an acknowledgment route, not “mail it and service is done.” In District Court, the sender uses first-class mail, two acknowledgment forms, and a prepaid return envelope. Service is complete when the defendant signs the acknowledgment. If it is not returned within 21 days, personal service is required. Justice/City Court has a parallel route with a 20-day return period. Montana Code Annotated+1
  7. A missed deadline does not itself create a judgment or asset seizure. The plaintiff first must obtain entry of default. A clerk may enter a default judgment only for a sum certain or mechanically computable sum against a nonappearing adult who is not incompetent. Other damages require the court, which may demand evidence or a hearing. A default judgment may not differ in kind from or exceed the amount demanded. Montana Code Annotated+1
  8. An appearing defendant receives additional District Court protection. A party who has appeared must receive written notice of a default-judgment application at least seven days before the hearing. Montana’s 2026 Bradley decision held that the court may not enter judgment before that seven-day period expires merely because no hearing was scheduled. Montana Code Annotated+3
  9. Default entry and default judgment have different set-aside standards. Entry of default uses a flexible “good cause” analysis. Relief from a final District Court default judgment proceeds under Rule 60. Excusable-neglect relief requires diligence, excusable neglect, injury if the judgment remains, and a meritorious defense. A judgment entered without personal jurisdiction may instead be void. Montana Code Annotated+5
  10. Justice/City Court has a much shorter ordinary set-aside route. Relief for mistake, inadvertence, surprise, or excusable neglect must be sought within 30 days after judgment, supported by an affidavit showing good cause, with a hearing set within ten days after receipt. The rule does not expressly resolve the separate procedure for a jurisdictionally void judgment. Montana Code Annotated
  11. There is a current unresolved District Court service-period conflict. MCA §25-3-107 says service must be completed within two years after filing. District Rule 4(t) says three years. The Montana Supreme Court expressly flagged the conflict in Estate of Athy in 2026 but did not resolve it. No definitive ordinary-debt terminal service date is stated here. Montana Code Annotated+2
  12. The current statutory filing fees are not the amounts printed in some older summons and guide files. District Court currently charges $90 to commence and $60 for a defendant’s appearance. Justice Court charges $40 to file and $20 for a defendant’s appearance. Small Claims charges $20 to file and $10 for an appearance or counterclaim. A fee-waiver request requires the statutory affidavit and financial statement. Montana Code Annotated+3

II. Court and route matrix

Court or route Ordinary unsecured debt jurisdiction Entry mechanism Representation and assignment boundaries Principal response mechanism
District Court General original jurisdiction over ordinary civil claims; no ordinary monetary ceiling File complaint; clerk issues summons on request Real party in interest must prosecute. Corporations and LLCs generally must use licensed counsel, subject to limited cure/relating-back principles Written answer ordinarily due 21 days after service, or a timely Rule 12 motion
Justice Court Contract, debt, note, and account claims generally up to $15,000, excluding costs and attorney fees File complaint; judge or clerk issues summons Individuals may appear personally. Statute permits broad representation, but entities are generally subject to counsel rules and the narrow majority-interest LLC-member exception Written answer due 20 days after service
City Court Concurrent jurisdiction over the civil proceedings assigned to Justice Court; separate city-interest statutes do not enlarge an ordinary private-debt claim Same Justice/City civil rules Same governing Justice/City rule set Written answer due 20 days
Municipal Court Coordinate and coextensive with Justice Court for ordinary private civil claims; separate city-related monetary provisions are not ordinary consumer-debt authority Limited-jurisdiction procedure Same substantive representation cautions Ordinarily follows limited-jurisdiction civil procedure
Small Claims division of Justice Court Money or specific personal property up to $7,000, excluding costs; defendant must be servable in filing county Plaintiff appears before justice or clerk and files sworn complaint; court issues hearing order Ordinary assignees cannot sue; claimant generally must have been transaction party. Attorneys only if all parties have attorneys. Entities may appear through specified officers, employees, members, or partners Defendant appears and answers at hearing; no ordinary written answer pleading
Small Claims removed to Justice Court Same controversy, but defendant timely removes within ten days after service File notice of removal Justice Court rules govern after removal; plaintiff need not replead unless ordered Justice Court procedure applies; failure to remove waives jury and attorney representation in Small Claims

The District Court, Justice Court, Municipal Court, City Court, and Small Claims jurisdictional provisions are separate. A forum-selection clause cannot create subject-matter jurisdiction that the chosen court does not possess. Montana Code Annotated+4

A. Small Claims assignment restriction

Section 25-35-505 says only a natural or legal person who was a party to the transaction with the defendant may ordinarily file and prosecute the claim. Assigned claims are barred except those assigned under §27-1-718. On the text reviewed, an ordinary debt buyer that was not a party to the original transaction cannot use Small Claims merely because it owns the receivable. That restriction does not establish that the assignee cannot sue in District or Justice Court after proving standing and ownership. Montana Code Annotated

B. Real party and entity representation

District Court Rule 17 requires suit in the name of the real party in interest, but prevents immediate dismissal after an objection until a reasonable opportunity to ratify, join, or substitute the proper party has been allowed. That procedural cure does not prove an assignment or establish admissible account evidence. Montana Code Annotated

A corporation or LLC generally cannot appear in District Court through a nonlawyer. H & H Development held that a District Court has discretion to consider whether a later lawyer-signed filing may relate back; it did not authorize routine nonlawyer entity representation. Justia Law

Justice Court has unusual statutory language allowing a person to act as an attorney, subject to limitations, and expressly permits a majority-interest LLC member to represent the LLC when the governing LLC statute’s conditions are satisfied. The 2025 HomeRiver memorandum opinion illustrates that the asserted representative still must prove the qualifying ownership and authority. HomeRiver is noncitable and nonprecedential, so it is not used as controlling authority. Montana Code Annotated+1

III. Venue and forum entry

A. District Court venue

For an ordinary Montana defendant, general District Court venue lies in the county where any defendant resides when the action begins. For a contract claim, venue may also lie where the contract was to be performed. If the contract names a county for performance, that designation controls the statutory performance analysis; otherwise, the court examines where the principal contractual activity necessarily occurs. Montana Code Annotated+1

B. Justice and City Court venue

Justice or City Court venue is always proper where a Montana defendant resides when the complaint is filed. An action for money due on a contract, debt, note, or account may also be brought where payment or the relevant obligation was to be performed. A defendant generally must move on improper venue at least ten days before trial or waive the objection. A dismissal for improper venue is without prejudice, with the special Rule 3 timing consequence described in that rule. Montana Code Annotated

C. Small Claims venue

Small Claims uses the Justice Court venue rules, but separately requires that the defendant be capable of service within the filing county. Montana Code Annotated+1

D. Federal FDCPA venue overlay

When the plaintiff is a federally covered “debt collector” suing a consumer on a covered debt, 15 U.S.C. §1692i generally requires filing:

  • Where the consumer signed the contract; or
  • Where the consumer resides when the action begins.

For an action enforcing an interest in real property, the statute uses the property’s location. This federal rule does not apply merely because a creditor seeks payment; the actor and debt must satisfy FDCPA coverage. U.S. Code

E. Federal removal boundary

A state civil action may be removed only by a defendant and only where the federal District Court would have had original jurisdiction. The removal statute does not turn an ordinary state-law debt complaint into a removable federal case merely because a federal defense may be asserted. Full removal timing, waiver, remand, and federal-question doctrine are outside this pass. U.S. Code

IV. Commencement and initial service

A. District Court commencement

A District Court action begins when the complaint is filed. The plaintiff must then present the summons for issuance, arrange service, and file proof as required. The summons must identify the court and parties, direct the defendant to respond within the applicable time, give the plaintiff’s or counsel’s contact information, and warn of default. The summons and complaint are served together. Montana Code Annotated+1

Filing and service perform different functions:

  • Filing commences the action.
  • Valid service or waiver/appearance establishes the court’s authority over the defendant.
  • Proof of service documents what occurred.
  • Actual notice alone does not replace the legally required method.

Estate of Athy reaffirmed that actual notice does not cure noncompliance with mandatory service requirements. Judicial Document Service

B. District Court service matrix

Defendant or method Operative route Completion trigger Critical limitation
Adult individual in Montana Personal delivery to defendant or authorized service agent Delivery District Rule 4 does not create a general adult “leave it at the house with another resident” route
First-class mail with acknowledgment Summons and complaint, two Form 18-A notices, prepaid return envelope Date defendant signs acknowledgment If no signed acknowledgment within 21 days, personal service is required
Minor over 14 Personal delivery to minor plus copy at usual abode to suitable adult resident, or authorized agent Required deliveries Both statutory components matter
Minor under 14 Guardian, parent, caretaker, or court-directed route Required delivery/order Fact-specific
Adjudicated incompetent person Guardian; if none, guardian ad litem or court-directed protection Required delivery/order Court protection required
Adult alleged but not adjudged incompetent Personal service, subject to protective court orders Delivery Allegation alone does not substitute guardian service
Corporation, partnership, or LLC Specified officer, director, manager, member, partner, person in charge of Montana office, registered agent, or authorized agent Delivery Recipient must fit the rule
Out-of-state defendant Personal service after due diligence under Rule 4 and sufficient jurisdictional basis Delivery Out-of-state residence does not eliminate personal-jurisdiction analysis
Secretary of State route Only where statute and Rule 4 predicates authorize it Specified statutory event Certified mail used by the Secretary of State is not a generic certified-mail method available in every case
Publication Narrow property, status, attachment, or similar authorized setting Last publication or prescribed event Publication alone does not support a personal money judgment without an independent personal-jurisdiction basis
Email, text, portal, or e-filing notice No general initial-service method identified — Later-paper electronic service under Rule 5 is distinct
Voluntary appearance May waive or supply personal-jurisdiction consequences depending on conduct Appearance Negotiation alone is not assumed to be an appearance

The District Court service rules are set out in Rule 4. Montana Code Annotated+2

C. Acknowledgment by mail is not automatic mail service

The acknowledgment method requires the recipient’s signature. If the recipient does not return the acknowledgment within 21 days, the sender must use another authorized Rule 4 method. The rule may shift the cost of later personal service where refusal lacked good cause, but it does not treat the original mailing date as service. Montana Code Annotated

The 21-day answer period begins from the date the acknowledgment is signed, not from the date the packet was mailed.

D. Justice and City Court commencement and service

A Justice or City Court action begins by filing a signed complaint. A natural person may file individually or through counsel. Other entities generally must file through counsel under Rule 2, subject to statutory exceptions such as the qualifying majority-interest LLC-member route. Montana Code Annotated+1

Justice/City Rule 4 provides:

  • Personal service by sheriff, deputy, constable, or nonparty adult at least 18.
  • Personal delivery to an adult defendant or authorized agent.
  • Entity service on specified officers, agents, partners, registered agents, or persons in charge.
  • A first-class-mail acknowledgment method, including for specified business entities.
  • A 20-day period to return the acknowledgment.
  • Service completion on the signed acknowledgment date.
  • Narrow publication and Secretary of State routes.
  • Proof stating the time, date, place, and method. Montana Code Annotated

A certified-mail receipt is not a generic substitute for the rule. Certified mail appears within the specific Secretary of State route and must satisfy that route’s predicates.

E. Small Claims service

The hearing order and sworn complaint must be served by the sheriff, constable, or another process server in the same manner as civil process in Justice Court. Service must be completed at least five days before the hearing. If service is not timely, a new hearing order may issue; repeated orders may issue within one year after commencement. Montana Code Annotated+1

F. Two-year statute versus three-year District Rule

Two current authorities conflict:

Authority Textual limit
MCA §25-3-107 Service no later than 2 years after filing
M. R. Civ. P. 4(t)(1) Service within 3 years after filing

Section 25-3-107 was enacted in 2023. District Rule 4(t) continues to state three years. In Estate of Athy, the Montana Supreme Court quoted the three-year rule and expressly added “But see §25-3-107” and the two-year provision. Because Athy involved a separate six-month medical-malpractice service statute, it did not decide which general period controls. Montana Code Annotated+2

Bounded conclusion: filing commences the case, but no ordinary District Court plaintiff should be described as safely possessing three years to serve. Nor does this pass adjudicate that the two-year statute necessarily supersedes the court rule. The exact terminal service date remains held pending controlling resolution.

For Small Claims, the specific statute allows repeated service orders only within one year after commencement. Montana Code Annotated

V. Later-paper service and electronic filing

District Rule 5 governs pleadings, motions, notices, and other papers after the original complaint. It allows:

  • Hand delivery.
  • Delivery at office or dwelling under the rule.
  • Mail, complete on mailing.
  • Clerk delivery where no address is known.
  • Electronic service only where the person consented in writing.
  • Other consented delivery methods.

The original summons and complaint remain governed by Rule 4, not Rule 5. Montana Code Annotated

Uniform District Court Rule 16 further provides that an email address in a signature block does not, by itself, constitute consent to electronic service. Montana Code Annotated

The official Montana e-filing guide describes electronic filing for represented parties and later e-service through the court system. It does not amend Rule 4 or make a portal notification, email, or text a valid initial summons. The guide is operational material, not an independent service statute. Its older fee examples are not used as current fee authority. Montana Courts+2

VI. Responding to the suit

A. District Court

A defendant ordinarily must serve an answer within 21 days after service of the summons and complaint. A timely Rule 12 motion changes the answer deadline:

  • If denied or postponed until trial: answer due 14 days after notice of the ruling.
  • If a more-definite-statement motion is granted: answer due 14 days after the new statement is served. Montana Code Annotated

Rule 12 permits pre-answer motions asserting:

  • Lack of subject-matter jurisdiction.
  • Lack of personal jurisdiction.
  • Improper venue.
  • Insufficient process.
  • Insufficient service.
  • Failure to state a claim.
  • Failure to join a required party.

Personal jurisdiction, venue, process, and service objections can be waived if omitted from the first Rule 12 motion or responsive pleading. Subject-matter jurisdiction is not waived. Montana Code Annotated

Events that do not independently extend the deadline

Absent a court order, stipulation recognized by the court, or operative procedural rule, none of the following independently suspends or extends the answer period:

  • Negotiating with the plaintiff.
  • Calling the collector.
  • Filing a regulator complaint.
  • Sending an FDCPA validation request.
  • Filing a CRA or furnisher dispute.
  • Promising to pay.
  • Making a partial payment.
  • Waiting for documents.
  • Asking the plaintiff informally to dismiss.

A timely Rule 12 motion changes the deadline because Rule 12 says so. A generic letter or informal discussion does not.

B. Justice, City, and ordinary Municipal Court

The summons directs a defendant to file a written answer and serve a copy on the plaintiff within 20 days after service, excluding the service day. Matters not denied may be treated as admitted. A compulsory counterclaim arising from the same transaction or occurrence and within court jurisdiction must be filed with the answer or may be waived. Montana Code Annotated+1

A pleading filed after the 20 days may still be accepted if no default has been entered. That does not convert the 20-day period into an optional deadline; it creates a narrow late-filing opportunity before default. Montana Code Annotated

A Justice/City Court motion:

  • Must ordinarily be written.
  • Must state its grounds and requested relief.
  • Receives a written opposition within ten days after service.

The motion rule does not automatically suspend the answer deadline. An extension requires court action under Rule 6, based on cause before expiration or excusable neglect after expiration. Montana Code Annotated+1

C. Small Claims

The defendant does not file an ordinary answer pleading. The court order directs the defendant to:

  • Appear at the identified hearing.
  • Answer the claim there.
  • Bring necessary books, papers, and witnesses.
  • Understand that nonappearance may result in default.
  • Remove the action to Justice Court within ten days after service if the defendant wants the ordinary Justice Court process, a jury, or attorney representation. Montana Code Annotated+1

The hearing date must be:

  • At least ten days after the order.
  • No more than 40 days after the order.
  • At least five days after service on the defendant. Montana Code Annotated

VII. Time computation

A. District Court Rule 6

For a period stated in days:

  1. Exclude the triggering day.
  2. Count every following calendar day, including intermediate Saturdays, Sundays, and holidays.
  3. Include the last day.
  4. If the last day is Saturday, Sunday, or legal holiday, continue to the next nonholiday weekday.
  5. If the clerk’s office is inaccessible on the last day, continue to the first accessible nonholiday day.
  6. Electronic filing ends at midnight in the court’s time zone unless another time applies.
  7. Other filing ends when the clerk’s office is scheduled to close. Montana Code Annotated

Three additional days are added only when the deadline runs after service made by the specified Rule 5 later-paper methods. The three-day rule does not apply merely because the original summons was mailed through Rule 4’s acknowledgment route. Montana Code Annotated

B. Justice and City Court Rule 6

Justice/City Rule 6:

  • Excludes the triggering day.
  • Includes the last day.
  • Carries a last day falling on Saturday, Sunday, or legal holiday forward.
  • Permits extensions for cause before expiration and excusable neglect after expiration.
  • Adds three days when a notice or other paper is served by mail.

The three-day rule does not rewrite the initial 20-day summons period where service was completed by a signed Rule 4 acknowledgment. Montana Code Annotated

C. Concrete date example — District Court personal service

Hypothetical event: personal service on Monday, November 2, 2026.

  • Service day excluded.
  • Day 1: November 3.
  • Intermediate weekends and Veterans Day count.
  • Day 21: Monday, November 23, 2026.

Illustrative answer deadline: Monday, November 23, 2026.

For valid electronic filing, the ordinary terminal time is midnight in the court’s time zone. For filing by another method, the terminal time is the clerk’s scheduled closing time. No three days are added because the trigger was initial Rule 4 service. Montana Code Annotated+1

D. Concrete date example — Justice Court acknowledgment

Hypothetical event: Justice Court mail acknowledgment signed Monday, November 9, 2026.

  • Signature date excluded.
  • Day 1: November 10.
  • Day 20: Sunday, November 29.
  • Sunday carries to Monday, November 30.

Illustrative answer deadline: Monday, November 30, 2026.

The Justice Court three-mail-days rule does not add time because Rule 4 says service is complete on the signed acknowledgment date and the answer period follows service of the summons, not later-paper mail service. Montana Code Annotated+1

E. Timely District Rule 12 motion

Hypothetical sequence:

  • Defendant serves a qualifying Rule 12 motion before the answer deadline.
  • Court later denies it.
  • Notice of denial is served on Event Day N.

The answer is due 14 days after notice of denial, unless the court sets another time. The Event Day N is excluded. If the notice itself is served by one of the Rule 5 methods identified in Rule 6(d), the three-day provision may apply to that post-motion deadline. Montana Code Annotated+1

VIII. Default procedure

A. District Court: entry of default

When a party fails to plead or otherwise defend and that failure is shown by affidavit or other proof, the clerk enters default. Entry of default is not yet a money judgment. Montana Code Annotated

B. District Court: clerk default judgment

The clerk may enter judgment only when:

  • The claim is for a sum certain or mechanically computable sum.
  • The plaintiff submits the required request and affidavit showing the amount.
  • The defendant was defaulted for not appearing.
  • The defendant is an adult and not incompetent. Montana Code Annotated

A claim for discretionary treble damages, discretionary attorney fees, unliquidated damages, or a disputed amount is not converted into a sum certain merely because a spreadsheet produces a number. Perkins treated a clerk-entered default judgment containing discretionary relief as void. Justia Law+1

C. District Court: court-entered judgment

All other default judgments require application to the court. The court may require:

  • An accounting.
  • Proof of damages.
  • Evidence establishing allegations.
  • Investigation of another material issue.

A minor or incompetent defendant must be represented by the appropriate fiduciary. Montana Code Annotated

D. Appearance and seven-day notice

If the defendant has appeared personally or through a representative, the defendant must receive written notice of the application for default judgment at least seven days before the hearing.

In Bradley, an acknowledgment form contained language expressly stating a voluntary appearance. The Montana Supreme Court treated that language as an appearance. It distinguished the unusual form from an ordinary Form 18-B acknowledgment and held that judgment entered one day after the application was premature because the seven-day notice period had not elapsed. Justia Law+2

An ordinary signed service acknowledgment does not automatically contain the special voluntary-appearance language used in Bradley. The actual document controls.

E. Relief cap

A default judgment cannot grant a different kind of relief or a greater amount than the complaint demanded. That protects a nonappearing defendant from an award materially beyond the notice supplied by the pleading. Montana Code Annotated

F. Servicemembers Civil Relief Act

Before entering judgment against a nonappearing defendant, federal law requires an affidavit stating whether the defendant is in military service and supporting facts, or stating that military status could not be determined.

If the defendant is in military service:

  • The court must appoint an attorney before entering judgment.
  • The court may or must stay the matter under the statute’s predicates.
  • A default entered during service or within 60 days afterward may be reopened where military service materially affected the defense and a meritorious or legal defense exists.
  • The reopening application ordinarily must be filed within 90 days after termination or release from service. U.S. Code

This federal overlay is a default safeguard, not proof of military status in any case.

G. No automatic seizure

Even after a District Court judgment, Rule 62 ordinarily prevents execution or enforcement for 14 days after entry. During that period, the rule imposes its own anti-dissipation injunction. Afterward, separate execution, lien, and garnishment procedures are required. Those postjudgment procedures are outside this pass. Montana Code Annotated

IX. District Court set-aside and vacatur

A. Entry of default: Rule 55 good cause

An entry of default may be set aside for good cause. Perkins applies a flexible balancing analysis considering:

  1. Whether the default was willful.
  2. Whether setting it aside would prejudice the opposing party.
  3. Whether a meritorious defense exists.
  4. Montana’s preference for decisions on the merits and orderly judicial administration.

These factors are flexible and are not identical to the stricter final-judgment test. Justia Law+1

B. Final default judgment: Rule 60

Rule 60 permits relief for:

  1. Mistake, inadvertence, surprise, or excusable neglect.
  2. Newly discovered evidence.
  3. Fraud, misrepresentation, or misconduct.
  4. A void judgment.
  5. Satisfaction, release, discharge, reversal of an underlying judgment, or inequitable prospective application.
  6. Another reason justifying relief.

The motion must be filed within a reasonable time. Grounds 1–3 have an outside limit of one year after entry. The motion does not automatically suspend the judgment. Montana Code Annotated

C. Excusable neglect

Montana uses four requirements for relief from a final default judgment based on excusable neglect:

  • Diligence.
  • Excusable neglect.
  • Injury if the judgment stands.
  • A meritorious defense.

Whitefish Credit Union held that assuming a lawyer would handle a summons, without ensuring that happened, did not establish excusable neglect. Justia Law+1

Bradley reaffirmed the four-factor structure and Montana’s preference against default dispositions while still requiring the rule’s elements. Justia Law

D. Void judgment from defective service

A judgment entered without personal jurisdiction because the defendant was never validly served is analyzed under Rule 60(b)(4), not merely under discretionary excusable-neglect standards. In Whitefish Credit Union, the judgment was void as to the unserved defendant but not automatically void as to the separately served defendant. Justia Law+1

This pass does not establish a universal “void judgment can be challenged at any time” formula. Rule 60 still states that motions must be filed within a reasonable time, and actual jurisdictional facts and procedural posture matter.

E. Defective default judgment versus entry of default

Perkins separated:

  • The clerk’s improper final judgment, which was void.
  • The underlying entry of default, which required a separate good-cause analysis.

Vacating the judgment does not necessarily erase the default entry. Justia Law+2

F. Premature judgment after appearance

Bradley treated violation of Rule 55’s seven-day notice protection as making the judgment voidable. The appearance entitled the defendant to the notice period even though no hearing ultimately was required. The default entry and the final judgment still received different procedural treatment. Justia Law+3

X. Justice and City Court default and set-aside

A. Entry and judgment

On written motion, the judge or clerk enters default when a party fails to answer or reply as the rules require.

If the claim is for a sum certain or a sum that can be mechanically computed, the judge or clerk may enter judgment after the written amount-due request. If damages or the truth of allegations require evidence, the court may hold a hearing. The judgment cannot differ in kind from or exceed the amount demanded, and it may be entered only against defendants over whom the court obtained jurisdiction. Montana Code Annotated

The Justice/City rule does not reproduce District Rule 55’s express seven-day notice language for an appearing party. No such notice period is imported here without a direct limited-court authority.

B. Relief from judgment

Justice/City Rule 22 permits relief for:

  • Mistake.
  • Inadvertence.
  • Surprise.
  • Excusable neglect.

The application must:

  • Be made within 30 days after entry.
  • Include an affidavit showing good cause.
  • Be served on all other parties.
  • Include notice of hearing.

The court must set the hearing within ten days after receiving the application. Clerical errors may be corrected at any time. Montana Code Annotated

Rule 22 does not expressly list voidness, fraud, satisfaction, or a residual catchall comparable to District Rule 60. A jurisdictionally void Justice Court judgment raises a distinct due-process issue, but the exact procedural vehicle outside Rule 22 was not resolved in this pass.

C. Appeal from limited-court default

There is no ordinary appeal from a Justice or City Court default judgment except:

  • Questions of law appearing on the face of the papers or proceedings.
  • Abuse of discretion in setting aside or refusing to set aside default or judgment.

If the default is set aside, District Court allows pleadings and tries the case. Montana Code Annotated

XI. Small Claims default and appeal boundary

The statutory Small Claims order warns that nonappearance may result in default for the demanded relief and costs. The chapter separately requires findings and judgment after a tried case and allows an appeal limited to questions of law, commenced by written notice and service within ten days after judgment entry. Montana Code Annotated+2

The reviewed Small Claims chapter does not contain a separate express default-vacatur section. Because Small Claims is a Justice Court division, Justice Rule 22 may be relevant, but no current direct cross-reference or controlling case establishing the exact set-aside route was located. The following remain held:

  • Whether the 30-day Rule 22 procedure applies without modification.
  • Whether a different small-claims-specific motion is recognized.
  • The procedure for a jurisdictionally void Small Claims default.
  • Whether a default appeal uses §25-35-803, §25-33-303, or both in a particular posture.

No operational conclusion is supplied beyond the express hearing/default warning and appeal text.

XII. Official forms and resource inventory

The Montana Judicial Branch maintains an official civil-forms page covering District Court, limited-jurisdiction courts, and Small Claims. Local court rules and filing requirements still must be checked. The linked word-processing files were not machine-readable through the public browsing route in this session, so their internal version dates and every field were not authenticated. Montana Courts

Form or resource Official literal URL Stated purpose Status and limitation
Civil forms landing page https://courts.mt.gov/forms/civilforms Central District, limited-jurisdiction, and Small Claims form links Freshly opened; individual DOC/DOCX content not fully read
District Court complaint https://courts.mt.gov/external/library/forms/civil/district/complaint.doc Generic civil complaint Officially linked; content/version not authenticated
District Court summons https://courts.mt.gov/external/library/forms/civil/district/summons.doc Generic summons Officially linked; cannot replace Rule 4 review
District Court answer https://courts.mt.gov/external/library/forms/civil/district/answer-complaint.doc Generic answer Officially linked; no defense sufficiency determination
District motion instructions https://courts.mt.gov/external/library/forms/civil/district/about_mot.doc General motion guidance Officially linked; not a substitute for Rules 6, 7, 12, or local rules
District generic motion https://courts.mt.gov/external/library/forms/civil/district/motions/gen_mot.doc Generic motion shell Officially linked; does not itself alter any deadline
Fee-waiver form https://courts.mt.gov/external/forms/dissolution/FeeWaiver.docx Request to waive fees Officially linked; statutory predicates in §25-10-404 control
Limited Court complaint https://courts.mt.gov/external/library/forms/civil/city_jp/complaint.doc Justice/City complaint Officially linked; content/version not authenticated
Limited Court service instructions https://courts.mt.gov/external/library/forms/civil/city_jp/inst_sum.doc Summons/service guidance Officially linked; Rule 4 controls
Limited Court answer https://courts.mt.gov/external/library/forms/civil/city_jp/answer.doc Justice/City answer Officially linked; current $20 appearance fee comes from statute
Limited Court default judgment https://courts.mt.gov/external/library/forms/civil/city_jp/defau_jud.doc Default request/judgment material Officially linked; Rule 21 and jurisdiction control
Small Claims instructions https://courts.mt.gov/external/library/forms/small_claims/instructions.doc Small Claims overview Direct content route unsupported; not independently verified
Small Claims complaint https://courts.mt.gov/external/library/forms/small_claims/complaint.doc Sworn complaint Statutory form in §25-35-602 controls
Small Claims order/notice https://courts.mt.gov/external/library/forms/small_claims/notice_defend.doc Hearing order and defendant notice Statutory notice text controls
Small Claims benchbook https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims Benchbook and form route Commission-approved materials are expressly guidelines, not binding law
Montana e-filing guide https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf E-filing workflow Revision 9/20/2024; operational guide, not Rule 4 service authority

The Small Claims benchbook page says the Commission-approved forms and benchbook are guidelines and recommended for use; they are not binding judicial rules. Montana Courts

XIII. Verified filing fees and waiver route

Court Plaintiff commencement Defendant appearance Judgment or other relevant charge
District Court $90 $60 $50 payable by prevailing party on entry of judgment
Justice Court $40 $20 $20 payable by prevailing party; no additional court-service fee on default beyond complaint fee
Small Claims $20 $10 for appearance/contest or counterclaim Prevailing party may recover allowable costs

A person may request waiver by filing an affidavit and financial statement showing:

  • A good cause of action or defense.
  • Inability to pay or secure the costs.

A court order generally must approve the waiver. If a judge is unavailable, the pleading may be filed subject to later approval. Montana Code Annotated

Process-server, sheriff, copy, mailing, and local technology costs may be separate and were not comprehensively audited here.

XIV. Bounded workflows and examples

Example 1 — District Court personal service and timely answer

Hypothetical facts

  • Complaint filed: October 30, 2026.
  • Summons issued.
  • Defendant personally served: Monday, November 2, 2026.
  • No different statutory response period.
  • No extension or Rule 12 motion.

Counting

  • Exclude November 2.
  • November 3 is Day 1.
  • Count all intervening weekends and Veterans Day.
  • November 23 is Day 21.

Result: answer due Monday, November 23, 2026.

If the defendant validly e-files, the ordinary terminal time is midnight in the court’s time zone. If filing by another method, the clerk’s closing time controls. Montana Code Annotated+1

Example 2 — Justice Court acknowledgment route

Hypothetical facts

  • Summons and complaint sent with the required acknowledgment forms.
  • Defendant signs acknowledgment Monday, November 9, 2026.

Counting

  • November 9 excluded.
  • Day 20 is Sunday, November 29.
  • Deadline carries to Monday, November 30.

Result: written answer due Monday, November 30, 2026.

No extra three days are added for the initial mailing because service became complete on the signed acknowledgment date under Rule 4. Montana Code Annotated+1

Example 3 — Unreturned mail packet

Hypothetical facts

  • District mail-acknowledgment packet sent.
  • Defendant does not sign or return it within 21 days.

Result

  • Service is not complete merely because tracking shows delivery.
  • The plaintiff must use an authorized personal or other Rule 4 method.
  • The 21-day answer period has not begun from the mailing alone.

No conclusion is made about whether the defendant must reimburse personal-service costs; that requires the rule’s good-cause and motion facts. Montana Code Annotated

Example 4 — Attempted email service

Hypothetical facts

  • Plaintiff emails a PDF complaint and summons.
  • Defendant never consented to electronic service.
  • No personal service, signed acknowledgment, waiver, or appearance occurs.

Result

The email is not a general Rule 4 initial-service method. A read receipt or actual knowledge does not cure the missing service. The answer period is not established to have begun. Montana Code Annotated+1

A later paper can be served electronically only after the applicable written consent or e-filing rule is satisfied.

Example 5 — Small Claims route is unavailable to an ordinary assignee

Hypothetical facts

  • Debt buyer purchased a $4,000 consumer account.
  • Debt buyer was not a party to the original transaction.
  • Assignment is not under §27-1-718.

Result

Although the amount is under $7,000, the Small Claims claimant restriction prevents ordinary use of that route. The buyer would have to evaluate a different court route and prove real-party and assignment issues there. Montana Code Annotated+1

Example 6 — Small Claims hearing sequence

Hypothetical events

  • Court issues order on Day 0.
  • Hearing must be set no earlier than Day 10 and no later than Day 40.
  • Defendant must be served at least five days before hearing.
  • Defendant may remove within ten days after service.

If service is too late for the hearing, the court can issue a new order and date. Repeated orders may issue only within one year after commencement. No ordinary written answer is due in Small Claims before the hearing. Montana Code Annotated+3

Example 7 — Timely District Rule 12 motion

Hypothetical facts

  • Defendant is served.
  • Before the 21-day deadline, defendant files and serves a Rule 12 motion raising insufficient service and improper venue.
  • Court denies it.
  • Notice of denial is transmitted on Event Day N.

Result

The answer becomes due 14 days after notice of denial, unless the court orders otherwise. The defendant preserved the service and venue objections by including them in the first Rule 12 response. Omitting an available objection from that first response can waive it. Montana Code Annotated

Example 8 — Justice Court motion without extension

Hypothetical facts

  • Defendant files a written motion on Day 10.
  • Court has not entered an extension.
  • No default has yet been entered.

Result

The motion does not automatically stop the 20-day answer clock. The defendant would need an extension under Justice Rule 6 or a controlling order. If Day 20 passes but default has not been entered, Rule 5 allows a late pleading to be filed; once default is entered, that route closes. Montana Code Annotated+2

Example 9 — Negotiation without court response

Hypothetical facts

  • Defendant calls plaintiff’s attorney.
  • Parties discuss possible payments.
  • Plaintiff says it will “review” the proposal.
  • No written extension or court order exists.
  • Defendant files no answer.

Result

The negotiation does not alter the response deadline. A payment proposal, validation request, dispute, or informal promise is not an answer or Rule 12 motion. Default remains procedurally possible after the deadline.

No conclusion is made about whether the discussion formed a settlement or affected substantive liability; that requires actual writings and contract law.

Example 10 — Default against a nonappearing defendant for sum certain

Hypothetical facts

  • Valid service established.
  • Defendant neither appears nor answers.
  • Complaint seeks a fixed principal amount and specifically pleaded costs.
  • Plaintiff provides affidavit and mechanically verifiable ledger.
  • Defendant is an adult and not incompetent.

Possible sequence

  1. Clerk enters default.
  2. Clerk determines whether the claim is truly a sum certain or computable.
  3. If it is, clerk may enter the permitted amount and costs.
  4. If discretionary fees, damages, or factual proof are needed, the court must handle judgment.

The missed answer date alone is not judgment. Montana Code Annotated

Example 11 — Defendant appeared and plaintiff seeks default judgment

Hypothetical facts

  • Defendant filed a notice of appearance but no answer.
  • Plaintiff applies for default judgment.

Result

The appeared defendant must receive written notice at least seven days before the hearing. Even if the court concludes no hearing is needed, Bradley holds that it may not shorten the rule’s notice period by entering judgment immediately. Montana Code Annotated+2

Example 12 — Defective service and voidness branch

Hypothetical facts

  • Complaint was left with an unrelated adult at the defendant’s residence.
  • Defendant is an ordinary competent adult.
  • No authorized agent, signed acknowledgment, appearance, or other route exists.
  • Default judgment later enters.

Because District Rule 4 does not establish ordinary adult abode service, the court may lack personal jurisdiction. Rule 60(b)(4), not only excusable neglect, becomes material. The actual affidavits, residence relationship, agency, waiver, and appearance facts still control. Montana Code Annotated+3

Example 13 — Excusable-neglect branch

Hypothetical facts

  • Valid service occurred.
  • Defendant missed the deadline.
  • Defendant promptly moved after learning of judgment.
  • Defendant provides evidence explaining the failure and identifies a potentially meritorious defense.

The court considers diligence, whether the neglect is legally excusable, injury from leaving judgment in place, and the proposed defense. Merely assuming someone else would handle the summons is not necessarily excusable. Justia Law+2

Example 14 — Justice Court relief request

Hypothetical facts

  • Justice Court judgment entered Day 0.
  • Defendant claims surprise and excusable neglect.

Required bounded route

  • File the Rule 22 application no later than 30 days after entry.
  • Support it with an affidavit showing good cause.
  • Serve application and hearing notice on other parties.
  • Court sets a hearing within ten days after receipt.

The application does not guarantee relief. The procedure for a separately void judgment remains held. Montana Code Annotated

Example 15 — Two-year versus three-year service conflict

Hypothetical facts

  • District complaint filed November 1, 2026.
  • Defendant never appears.
  • Plaintiff considers service after November 1, 2028 but before November 1, 2029.

Section 25-3-107 points to dismissal after two years; Rule 4(t) appears to allow three. Athy flags but does not resolve the conflict.

Result: no safe terminal date is supplied. The conflict requires controlling judicial or legislative resolution and the actual case posture. Montana Code Annotated+2

XV. PASS-13 source register

Access classification for all fresh sources below: October 26, 2026, Pacific and UTC. Exact individual fetch timestamps were not exposed and are not asserted.

Source ID Authority, issuer, full literal URL, and exact scope Status and access limits
S_MT-P13-S001 Montana court jurisdiction statutes, Montana Legislature: District Court §3-5-302, https://mca.legmt.gov/bills/mca/title_0030/chapter_0050/part_0030/section_0020/0030-0050-0030-0020.html; Justice Court §3-10-301, https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html; Municipal Court §3-6-103, https://mca.legmt.gov/bills/MCA/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html; City Court §§3-11-102–103, corresponding sections 0020 and 0030; transfer §3-5-313, section 0130. Fresh direct official HTML read. MCA 2025. No ordinary private-debt conclusion is drawn from special city-government claim branches. Montana Code Annotated+4
S_MT-P13-S002 Montana venue statutes and rule: District general venue §25-2-118, https://mca.legmt.gov/bills/mca/title_0250/chapter_0020/part_0010/section_0180/0250-0020-0010-0180.html; contract venue §25-2-121, https://mca.legmt.gov/bills/MCA/title_0250/chapter_0020/part_0010/section_0210/0250-0020-0010-0210.html; Justice/City Rule 3, https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0030/0250-0230-0010-0030.html. Fresh direct official HTML read. Rule 3 includes residence, performance, waiver, and improper-venue dismissal provisions. Montana Code Annotated+2
S_MT-P13-S003 Montana Small Claims Act, Montana Legislature: §§25-35-501–505, 601–609, 701, 801–803. Principal URLs: https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html; .../section_0050/0250-0350-0050-0050.html; .../part_0060/section_0020/0250-0350-0060-0020.html; .../section_0030/0250-0350-0060-0030.html; .../section_0040/0250-0350-0060-0040.html; .../section_0050/0250-0350-0060-0050.html; .../section_0080/0250-0350-0060-0080.html; .../part_0080/section_0030/0250-0350-0080-0030.html. Fresh direct official HTML read. Current $7,000 amount, party/assignment restrictions, hearing and removal procedures, and fees verified. No separate current Small Claims vacatur clause located. Montana Code Annotated+7
S_MT-P13-S004 Montana Rules of Civil Procedure 3–6 and Uniform District Court Rule 16: Rule 3 https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0030/0250-0200-0020-0030.html; Rule 4 section 0040; Rule 5 section 0050; Rule 6 section 0060; U.D.C. Rule 16 https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0160/0250-0190-0010-0160.html. Fresh direct official HTML read. Complete materially relevant current clauses reviewed. Rule 4(t)/§25-3-107 conflict remains unresolved. Montana Code Annotated+3
S_MT-P13-S005 Montana Rules of Civil Procedure 12, 17, 54, 55, 60, and 62: literal URLs ending in sections 0120, 0170, 0540, 0550, 0600, and 0620 under Title 25, chapter 20. Fresh direct official HTML read. Used for response, real-party, default, relief, and enforcement-stay boundaries. Montana Code Annotated+5
S_MT-P13-S006 Montana Justice and City Court Rules 2, 4–9, 21, and 22, Montana Legislature, Title 25, chapter 23, part 1: literal section URLs 0020, 0040, 0050, 0060, 0070, 0090, 0210, and 0220. Fresh direct official HTML read. Current embedded summons still shows an obsolete $15 fee; current §25-31-112’s $20 appearance fee controls the fee conclusion here. Montana Code Annotated+7
S_MT-P13-S007 Limited-court representation and default appeal: §25-31-601, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0060/section_0010/0250-0310-0060-0010.html; §25-33-303, https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/part_0030/section_0030/0250-0330-0030-0030.html. Fresh direct official HTML read. Representation exceptions remain entity- and ownership-specific. Montana Code Annotated+1
S_MT-P13-S008 Current court-fee and waiver statutes: §25-1-201, https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html; §25-31-112, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0010/section_0120/0250-0310-0010-0120.html; §25-35-608, small-claims section above; §25-10-404, https://mca.legmt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html. Fresh direct official HTML read. Does not include every sheriff, service, copy, local technology, or appeal cost. Montana Code Annotated+3
S_MT-P13-S009 Montana Judicial Branch Civil Forms: https://courts.mt.gov/forms/civilforms; Small Claims benchbook: https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims. Fresh official pages read. DOC/DOCX links were discoverable but unsupported for full content extraction; exact internal form versions were not authenticated. Benchbook states materials are guidelines, not binding. Montana Courts+1
S_MT-P13-S010 Montana Judicial Branch, E-Filing a New Civil Case, https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf, revision 9/20/2024. Relevant printed p.2/PDF index 1 and printed pp.15–16/PDF indices 14–15. Fresh official PDF read and relevant pages visually inspected. Operational guide only. Its fee example is not relied upon as current statutory fee authority. Montana Courts+2
S_MT-P13-S011 Estate of Athy v. Edgewood Vista, 2026 MT 3, Montana Supreme Court. Official PDF: https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=552479. Relevant printed p.12/PDF index 11. Fresh complete official opinion PDF read; relevant page visually inspected. Medical-specific six-month service statute decided the case; ordinary two-versus-three-year conflict expressly noted but not resolved. Judicial Document Service
S_MT-P13-S012 Whitefish Credit Union v. Sherman, 2012 MT 267. PDF: https://cases.justia.com/montana/supreme-court/da-12-0053.pdf?ts=1462390657. Relevant printed pp.2, 7–9/PDF indices 1, 6–8. Fresh complete public opinion PDF read and relevant pages visually inspected. Used for service voidness and excusable-neglect factors. Justia Law+3
S_MT-P13-S013 Perkins Family Holdings, LLC v. Tile Guys, LLC, 2023 MT. PDF: https://cases.justia.com/montana/supreme-court/2023-da-22-0159.pdf?ts=1674605217. Relevant printed pp.3, 6–8/PDF indices 2, 5–7. Fresh complete public opinion PDF read and relevant pages visually inspected. Used for clerk authority, void default judgment, and Rule 55 good-cause analysis. Justia Law+3
S_MT-P13-S014 Bradley v. Yellowstone Trails Ranch, 2026 MT 112. PDF: https://cases.justia.com/montana/supreme-court/2026-da-25-0473.pdf?ts=1779829650. Relevant printed pp.6, 8–11/PDF indices 5, 7–10. Fresh complete public opinion PDF read and relevant pages visually inspected. Current appearance/default-notice authority; actual acknowledgment language was unusual and fact-specific. Justia Law+4
S_MT-P13-S015 H & H Development, LLC v. Ramlow, 2012 MT 51, https://law.justia.com/cases/montana/supreme-court/2012/da-11-0236.html. Fresh full public opinion reproduction read. Used only for District Court entity representation and possible cure/relating back. Justia Law
S_MT-P13-S016 HomeRiver Group v. Anders Business Solutions, LLC, 2025 MT 154N, https://law.justia.com/cases/montana/supreme-court/2025/da-24-0531.html. Fresh full public memorandum opinion read. Historical/current factual illustration only. Expressly noncitable and nonprecedential. Justia Law
S_MT-P13-S017 Servicemembers Civil Relief Act, 50 U.S.C. §3931, U.S. House Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t50/s3931/. Fresh direct official HTML read. Text through Public Law 119-124, October 15, 2026. Used only for default safeguards. U.S. Code
S_MT-P13-S018 FDCPA venue, 15 U.S.C. §1692i: https://uscode.house.gov/us/usc/119-124/t15/s1692i/. Fresh direct official HTML read. Conditional on federal actor/debt coverage. U.S. Code
S_MT-P13-S019 Federal removal statute, 28 U.S.C. §1441: https://uscode.house.gov/us/usc/119-124/t28/s1441/. Fresh direct official HTML read. Used only for the narrow removal boundary; no complete removal dossier. U.S. Code
S_MT-P13-S020 MCA §25-3-107: https://mca.legmt.gov/bills/MCA/title_0250/chapter_0030/part_0010/section_0070/0250-0030-0010-0070.html. Fresh direct official HTML read. 2023 enactment; creates unresolved conflict with District Rule 4(t). Montana Code Annotated

XVI. PASS-13 claim register

Claim ID Precise claim Source, predicates, consequence, and confidence
S_MT-P13-C001 District Court has general original ordinary civil jurisdiction without an ordinary monetary ceiling. S001, §3-5-302. High.
S_MT-P13-C002 Justice Court ordinary contract/debt/note/account jurisdiction is generally capped at $15,000 excluding costs and attorney fees. S001, §3-10-301. High.
S_MT-P13-C003 Ordinary Municipal and City Court private civil jurisdiction tracks the limited Justice Court route, subject to their separate statutory structures. S001, §§3-6-103, 3-11-102. High in core; court-specific organization held.
S_MT-P13-C004 Small Claims jurisdiction is $7,000 excluding costs and requires service within the filing county. S003, §25-35-502. High.
S_MT-P13-C005 Ordinary assigned claims may not be filed in Small Claims unless assigned under §27-1-718. S003, §25-35-505(4)–(5). High.
S_MT-P13-C006 Small Claims permits attorneys only if all parties are represented and permits specified entity representatives. S003, §25-35-505(2)–(3). High.
S_MT-P13-C007 District venue generally lies where a defendant resides; contract venue may also lie where performance is due. S002, §§25-2-118, 121. High.
S_MT-P13-C008 Justice/City venue includes defendant residence and, for debt/contract claims, place of payment or performance; improper venue can be waived. S002, Justice/City Rule 3. High.
S_MT-P13-C009 A covered FDCPA debt collector must use the federal consumer-debt venue prescribed by §1692i. S018. High, conditional on federal coverage.
S_MT-P13-C010 Federal removal is available only to a defendant and only when federal original jurisdiction exists. S019. High for statutory boundary.
S_MT-P13-C011 A District Court action commences by filing the complaint. S004, Rule 3. High.
S_MT-P13-C012 Filing does not substitute for valid service or an effective waiver/appearance. S004; S011. High.
S_MT-P13-C013 Actual notice does not cure defective initial service. S011, Athy. High.
S_MT-P13-C014 District summons must contain the Rule 4 identity, response, contact, and default-warning information and be served with the complaint. S004, Rule 4. High.
S_MT-P13-C015 District process may be served by sheriff, deputy, constable, or nonparty adult at least 18. S004, Rule 4. High.
S_MT-P13-C016 District adult-individual service is personal or through an authorized agent; no general adult abode substitute is supplied. S004, Rule 4. High.
S_MT-P13-C017 District first-class-mail service is an acknowledgment procedure, completed on signature, with personal service required if not returned within 21 days. S004, Rule 4. High.
S_MT-P13-C018 Minor, incompetent-person, and entity service require their specifically prescribed recipients and protections. S004, Rule 4. High.
S_MT-P13-C019 District publication is narrow and does not alone support a personal money judgment without personal jurisdiction. S004, Rule 4. High.
S_MT-P13-C020 Initial email, text, or e-filing notification is not a general Rule 4 service method. S004, Rules 4–5; S009–S010. High bounded conclusion.
S_MT-P13-C021 Electronic service of later District papers requires written consent or a valid court e-filing rule; listing an email address alone is insufficient. S004, Rule 5 and U.D.C. Rule 16. High.
S_MT-P13-C022 Justice/City summons directs an answer within 20 days after service. S006, Rule 4. High.
S_MT-P13-C023 Justice/City mail acknowledgment is complete on signature; if not returned within 20 days, personal service follows. S006, Rule 4. High.
S_MT-P13-C024 Justice/City publication is property-limited and does not create personal jurisdiction by itself. S006, Rule 4. High.
S_MT-P13-C025 Small Claims service follows Justice Court civil-process methods and must occur at least five days before hearing. S003, §§25-35-603–604. High.
S_MT-P13-C026 Small Claims repeated hearing orders may issue only within one year after commencement. S003, §25-35-603. High.
S_MT-P13-C027 MCA §25-3-107 says service within two years; District Rule 4(t) says three years. S004, Rule 4(t); S020. High textual conflict.
S_MT-P13-C028 Athy expressly noted but did not resolve the two-year/three-year ordinary service conflict. S011, printed p.12/PDF index 11. High.
S_MT-P13-C029 District answer is ordinarily due 21 days after service. S005, Rule 12(a). High.
S_MT-P13-C030 A timely District Rule 12 motion shifts the answer deadline to the rule’s 14-day post-ruling or post-statement period. S005, Rule 12(a)(4). High.
S_MT-P13-C031 District personal-jurisdiction, venue, process, and service defenses can be waived if omitted from the first proper response. S005, Rule 12(g)–(h). High.
S_MT-P13-C032 Justice/City answer is due in 20 days, and un-denied material allegations may be admitted. S006, Rule 7. High.
S_MT-P13-C033 A late Justice/City pleading may be filed after 20 days if default has not yet been entered. S006, Rule 5. High.
S_MT-P13-C034 A Justice/City motion does not automatically extend the answer period; extension requires Rule 6 cause or excusable neglect. S006, Rules 6 and 9. High.
S_MT-P13-C035 Small Claims uses a hearing appearance rather than an ordinary written answer. S003, §§25-35-602–603, 607. High.
S_MT-P13-C036 Small Claims may be removed within ten days after service, after which Justice Court procedure governs. S003, §25-35-605. High.
S_MT-P13-C037 District time computation excludes the trigger day, counts intermediate weekends/holidays, and extends a weekend/holiday last day. S004, Rule 6(a). High.
S_MT-P13-C038 District electronic filing ordinarily ends at midnight in the court’s time zone; other filing ends at clerk closing. S004, Rule 6(a)(4). High.
S_MT-P13-C039 District Rule 6’s extra three days apply only after specified Rule 5 later-paper service methods, not initial Rule 4 service. S004, Rule 6(d). High.
S_MT-P13-C040 Justice/City Rule 6 uses trigger-day exclusion and weekend/holiday extension, with three days only after mail service of a notice or other paper. S006, Rule 6. High.
S_MT-P13-C041 Negotiation, a regulatory complaint, a credit dispute, an FDCPA request, or a payment promise does not independently extend a court response deadline. S005–S006. High procedural boundary.
S_MT-P13-C042 District default first requires clerk entry after a failure to plead or otherwise defend is shown. S005, Rule 55(a). High.
S_MT-P13-C043 District clerk judgment is limited to sum-certain or computable claims against nonappearing competent adults. S005, Rule 55(b)(1). High.
S_MT-P13-C044 Other District default judgments require court application and may require evidence, accounting, or hearing. S005, Rule 55(b)(2). High.
S_MT-P13-C045 An appeared District defendant receives at least seven days’ notice of a default-judgment application. S005, Rule 55(b)(2); S014. High.
S_MT-P13-C046 A default judgment may not differ in kind from or exceed the amount demanded. S005, Rule 54(c). High.
S_MT-P13-C047 The SCRA requires a military-status affidavit before default judgment and provides appointment, stay, and reopening protections. S017. High, conditional on status and statutory facts.
S_MT-P13-C048 Entry of default is set aside under flexible Rule 55 good cause. S005, Rule 55(c); S013. High.
S_MT-P13-C049 Final District judgment relief proceeds under Rule 60, with a one-year cap on grounds 1–3 and a reasonable-time rule generally. S005, Rule 60. High.
S_MT-P13-C050 Rule 60(b)(1) excusable-neglect relief uses diligence, excusable neglect, injury, and meritorious-defense factors. S012; S014. High.
S_MT-P13-C051 A District judgment entered without personal jurisdiction may be void under Rule 60(b)(4). S005, Rule 60(b)(4); S012. High.
S_MT-P13-C052 Vacating a void or improper final judgment does not necessarily set aside the underlying entry of default. S013. High.
S_MT-P13-C053 District enforcement is ordinarily stayed for 14 days after judgment entry. S005, Rule 62(a). High.
S_MT-P13-C054 Justice/City default requires written motion; sum-certain judgment may be entered by judge or clerk, while uncertain damages may require hearing. S006, Rule 21. High.
S_MT-P13-C055 Justice/City relief for mistake, inadvertence, surprise, or excusable neglect must be requested within 30 days with an affidavit; hearing follows within ten days of receipt. S006, Rule 22. High.
S_MT-P13-C056 Justice/City default appeals are limited to facial legal questions and abuse of discretion concerning set-aside decisions. S007, §25-33-303. High.
S_MT-P13-C057 The exact Small Claims default-vacatur route is unresolved in the reviewed current authorities. S003; S006–S007. Unresolved; no separate direct cross-reference located.
S_MT-P13-C058 District entities generally require licensed counsel; Justice and Small Claims contain narrow statutory entity-representation exceptions. S007; S015–S016; S003. High in general, fact-dependent in exceptions.
S_MT-P13-C059 Current filing fees are $90/$60 in District, $40/$20 in Justice, and $20/$10 in Small Claims. S008. High.
S_MT-P13-C060 Fee waiver requires the statutory affidavit, financial statement, good claim or defense, and inability to pay. S008, §25-10-404. High.
S_MT-P13-C061 Officially hosted generic forms are not proof of valid service, adequate defenses, standing, or local filing compliance. S009–S010. High methodological conclusion.
S_MT-P13-C062 Missing an answer date does not itself create judgment or authorize immediate seizure. S005–S006. High procedural consequence.

XVII. Granular coverage and gap table

Assigned issue Status Claim IDs Exact remaining evidence or next action
District Court subject-matter jurisdiction Answered C001 Apply actual claim and any exclusive specialized jurisdiction.
Justice Court monetary jurisdiction Answered C002 Actual principal, requested damages, attorney fees, and counterclaims.
City Court ordinary private jurisdiction Answered in core C003 Confirm the actual city’s court organization and local rules.
Municipal Court ordinary private jurisdiction Answered in core C003 Confirm actual municipal court and local operating rules.
Small Claims monetary limit Answered C004 Actual relief and property value.
Small Claims county-service nexus Answered C004 Actual defendant location and service availability.
Small Claims ordinary assignee Answered as barred C005 Determine whether §27-1-718 exception actually applies.
Small Claims annual filing cap Answered textually C005 Actual claimant filing history held.
Small Claims attorney use Answered C006 Whether all parties are represented.
District real party in interest Answered C058; source S005 Rule 17 Actual assignment and ownership proof deferred.
District entity representation Answered C058 Actual entity and counsel.
Justice entity representation Partial C058 Majority LLC ownership, articles, and statutory authority.
District venue Answered C007 Residence, performance, and contract terms.
Justice/City venue Answered C008 Residence, place of payment, and waiver timing.
Small Claims venue Answered C004, C008 County service and Justice venue.
Contractual forum clause Excluded/partial C007–C009 Actual clause, assent, public policy, and FDCPA overlay.
FDCPA venue Answered conditionally C009 Actor and consumer-debt coverage.
Federal removal Bounded C010 Full federal jurisdiction, timing, consent, and remand later.
District commencement by filing Answered C011 Actual court-stamped filing.
Summons issuance/content Answered C014 Actual issued summons.
District process server eligibility Answered C015 Actual server identity.
Adult personal service Answered C016 Actual delivery and agency.
Adult abode service No general District route identified C016 Different statutory or court-ordered authority would be required.
District mail acknowledgment Answered C017 Actual packet and signature.
Certified mail as general service Not established C017–C020 Only specific statutory/Secretary routes.
Minor service Answered in framework C018 Age, guardian, residence, and actual delivery.
Incompetent-person service Answered in framework C018 Adjudication, guardian, and court orders.
Entity service Answered in framework C018 Entity type and recipient authority.
Out-of-state personal service Partial C018 Jurisdiction, due diligence, and foreign service facts.
Publication Answered narrowly C019 Property/status predicate, diligence, publication, mailing.
Alternative court-ordered service Unresolved generally C020 Specific statute/order authority required.
Initial email or text service No general authority C020 Consent to later service does not resolve initial service.
Electronic filing Answered as filing workflow C021 Local court enrollment and technical rules.
Electronic later service Answered conditionally C021 Written consent or e-service rule.
Actual notice versus service Answered C013 Actual method and waiver/appearance.
Proof of service Answered in core C012–C018 Actual certificate or affidavit.
Two-year service statute Answered textually C027 Conflict with Rule 4 remains.
Three-year District rule Answered textually C027 Conflict remains.
Controlling conflict resolution Unresolved C028 Later Supreme Court or legislative action.
Justice general terminal service period Partial C027 §25-3-107 application not separately adjudicated here.
Small Claims one-year reissuance Answered C026 Actual commencement and service efforts.
District answer deadline Answered C029 Actual service date.
District Rule 12 deadline alteration Answered C030 Actual motion and notice date.
Waivable District defenses Answered C031 First responsive filing content.
Justice answer deadline Answered C032 Actual service date.
Justice late pleading before default Answered C033 Whether default already entered.
Justice motion and extension Answered C034 Actual extension order or excusable neglect.
Small Claims response Answered C035–C036 Hearing and removal dates.
Negotiation as response Answered as insufficient C041 Actual court filing controls.
FDCPA/CRA dispute as response Answered as insufficient C041 Independent court filing required.
District day counting Answered C037–C039 Actual date and holidays.
Justice day counting Answered C040 Actual trigger and mail method.
Electronic-filing terminal time Answered C038 Court time zone and local technical availability.
Clerk inaccessibility Answered C037–C038 Actual closure or outage.
District entry of default Answered C042 Actual failure and affidavit.
District sum certain Answered in principle C043 Actual ledger, contract, fees, and arithmetic.
Unliquidated/default proof Answered C044 Actual evidence and hearing.
Appearance notice Answered C045 Actual filing, acknowledgment, or conduct.
Relief limited by demand Answered C046 Actual complaint.
Servicemember default Answered federally C047 Actual military-status search and affidavit.
Entry-default set-aside Answered C048 Actual willfulness, prejudice, and defense.
Final judgment Rule 60 Answered C049–C052 Actual ground, timing, and evidence.
Void judgment Answered in principle C051 Actual jurisdiction/service record.
Excusable neglect Answered in framework C050 Diligence, excuse, injury, defense.
Judgment-enforcement waiting period Answered only as boundary C053 Full writ, lien, and garnishment procedure excluded.
Justice default Answered C054 Actual written motion and sum.
Justice set-aside Answered in rule C055 Actual affidavit and 30-day timing.
Justice void judgment procedure Unresolved C055–C056 Controlling jurisdictional authority required.
Justice default appeal Answered narrowly C056 Actual facial error or abuse.
Small Claims default Partial C035, C057 Express warning established; separate judgment process held.
Small Claims vacatur Unresolved C057 Current direct cross-reference or case required.
Small Claims appeal Answered for ordinary judgment Source S003 §25-35-803 Default-specific interaction remains held.
Current official form route Answered C061 Individual DOC/DOCX versions not authenticated.
Current statutory filing fees Answered C059 Local service and technology fees separate.
Fee waiver Answered C060 Actual affidavit and judicial decision.
Full assignment proof/standing Excluded — Dedicated evidence/standing pass.
Contract validity/interest/fees Excluded — Substantive debt pass.
Arbitration Excluded — Separate arbitration dossier.
Full discovery/evidence/hearsay Excluded — Evidence pass.
Appeal procedure Excluded except narrow default/small-claims boundaries C056–C057 Complete appeal pass.
Postjudgment interest/lien/renewal Excluded — Separate judgment-duration pass.
Garnishment and exemptions Excluded — Separate enforcement pass.
Local and tribal rules Excluded — Court- and jurisdiction-specific investigation.
Actual case deadline Unresolved All timing claims Requires filed documents, court, service, orders, appearance, and local rules.

XVIII. Researcher self-check

Freshly read on October 26, 2026

  • Current published Montana statutes defining:District, Justice, City, Municipal, and Small Claims jurisdiction.District and limited-court venue.Small Claims parties, representation, assignment, filing caps, complaint, hearing, service, removal, fees, judgment, and appeal.District, Justice, and Small Claims fees and the statutory waiver route.Limited-court representation and default appeal.The 2023 two-year service statute.
  • Current Montana Rules of Civil Procedure:Rules 3–6.Rule 12.Rule 17.Rules 54, 55, 60, and 62.
  • Current Montana Justice and City Court Rules:Rules 2, 4–7, 9, 21, and 22.
  • Official court forms landing page, Small Claims benchbook route, and e-filing guide.
  • Current federal:SCRA default provision.FDCPA venue.Federal removal statute.
  • Full publicly available opinions or opinion PDFs for:Estate of Athy.Whitefish Credit Union v. Sherman.Perkins Family Holdings.Bradley.H & H Development.HomeRiver.

Numeric and timeline checks

  • District hypothetical: November 2, 2026 service → November 23, 2026 Day 21.
  • Justice acknowledgment: November 9, 2026 signature → nominal Day 20 Sunday, November 29 → Monday, November 30.
  • Current statutory fees:District: $90 / $60 / $50.Justice: $40 / $20 / $20.Small Claims: $20 / $10.
  • Small Claims:$7,000 ceiling.Hearing 10–40 days from order.Service at least five days before hearing.Removal within ten days.Repeated orders within one year.

Fresh but access-limited or noncontrolling materials

  • Individual Montana Judicial Branch DOC and DOCX forms were linked from the official forms page but could not be fully parsed or version-authenticated through the public browser.
  • The current e-filing guide was read as operational guidance, not as a source of service authority or current fees.
  • HomeRiver is expressly noncitable and nonprecedential and is not used as controlling law.
  • The Small Claims benchbook and forms are identified by the court as guidelines.
  • No complete county-by-county local-rule and clerk-technology audit was performed.

Bounded negative searches and unresolved conflicts

No current public authority located in this focused pass definitively resolved:

  • MCA §25-3-107’s two-year service period versus District Rule 4(t)’s three-year period.
  • A general electronic or text-message initial-service route for ordinary money claims.
  • A separate current Small Claims default-vacatur procedure.
  • The precise Justice/City procedural vehicle for attacking a jurisdictionally void judgment outside Rule 22’s 30-day excusable-neglect provision.
  • A universal rule that an acknowledgment of service constitutes an appearance; Bradley depended on unusual express appearance language.
  • Every local District, Justice, Municipal, or City Court e-filing and form practice.
  • Whether a specific contractual forum-selection or arbitration clause is enforceable.

Search silence is not treated as proof no unpublished order, local rule, later amendment, or specialized authority exists.

Not read or resolved

  • Any actual complaint, summons, return, affidavit, acknowledgment, answer, motion, court order, docket, military-status affidavit, judgment, or enforcement document.
  • Any private consumer, creditor, collector, debt buyer, servicer, law firm, or account.
  • Actual standing, assignment, ownership, contract terms, principal, interest, fees, limitations, evidence, authentication, business records, arbitration, settlement, damages, or defenses.
  • Full appellate, removal, discovery, trial, judgment-lien, postjudgment-interest, renewal, execution, garnishment, exemption, bankruptcy, probate, secured-debt, eviction, medical, government-debt, local, or tribal procedure.
  • P6–P12 as accepted legal premises.

Exact individual source-fetch timestamps were not exposed and are not invented. No filing, response, waiver, application, motion, provider lookup, court-account access, contact, records request, payment, purchase, private-data access, browser control, other-chat access, local write, individualized deadline, suit approval, defense approval, operational approval, independent review, component acceptance, Montana acceptance, parent-dossier acceptance, A066 acceptance, or publication-readiness determination occurred.

REPORT PARTIAL — the focused Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur component is completed to the stated court, source, procedural, and currentness limits.

END S_MT PASS-13.

Every captured table

Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

8 pending corrections

This dated research component contains identified issues. Read the correction panel before relying on its affected passages or tables. Other findings retain their own evidence limits.

Captured table 01

Court or route · Ordinary unsecured debt jurisdiction · Entry mechanism · 6 data rows

Court or routeOrdinary unsecured debt jurisdictionEntry mechanismRepresentation and assignment boundariesPrincipal response mechanism
District CourtGeneral original jurisdiction over ordinary civil claims; no ordinary monetary ceilingFile complaint; clerk issues summons on requestReal party in interest must prosecute. Corporations and LLCs generally must use licensed counsel, subject to limited cure/relating-back principlesWritten answer ordinarily due 21 days after service, or a timely Rule 12 motion
Justice CourtContract, debt, note, and account claims generally up to $15,000, excluding costs and attorney feesFile complaint; judge or clerk issues summonsIndividuals may appear personally. Statute permits broad representation, but entities are generally subject to counsel rules and the narrow majority-interest LLC-member exceptionWritten answer due 20 days after service
City CourtConcurrent jurisdiction over the civil proceedings assigned to Justice Court; separate city-interest statutes do not enlarge an ordinary private-debt claimSame Justice/City civil rulesSame governing Justice/City rule setWritten answer due 20 days
Municipal CourtCoordinate and coextensive with Justice Court for ordinary private civil claims; separate city-related monetary provisions are not ordinary consumer-debt authorityLimited-jurisdiction procedureSame substantive representation cautionsOrdinarily follows limited-jurisdiction civil procedure
Small Claims division of Justice CourtMoney or specific personal property up to $7,000, excluding costs; defendant must be servable in filing countyPlaintiff appears before justice or clerk and files sworn complaint; court issues hearing orderOrdinary assignees cannot sue; claimant generally must have been transaction party. Attorneys only if all parties have attorneys. Entities may appear through specified officers, employees, members, or partnersDefendant appears and answers at hearing; no ordinary written answer pleading
Small Claims removed to Justice CourtSame controversy, but defendant timely removes within ten days after serviceFile notice of removalJustice Court rules govern after removal; plaintiff need not replead unless orderedJustice Court procedure applies; failure to remove waives jury and attorney representation in Small Claims

Captured table 02

Defendant or method · Operative route · Completion trigger · 12 data rows

Defendant or methodOperative routeCompletion triggerCritical limitation
Adult individual in MontanaPersonal delivery to defendant or authorized service agentDeliveryDistrict Rule 4 does not create a general adult “leave it at the house with another resident” route
First-class mail with acknowledgmentSummons and complaint, two Form 18-A notices, prepaid return envelopeDate defendant signs acknowledgmentIf no signed acknowledgment within 21 days, personal service is required
Minor over 14Personal delivery to minor plus copy at usual abode to suitable adult resident, or authorized agentRequired deliveriesBoth statutory components matter
Minor under 14Guardian, parent, caretaker, or court-directed routeRequired delivery/orderFact-specific
Adjudicated incompetent personGuardian; if none, guardian ad litem or court-directed protectionRequired delivery/orderCourt protection required
Adult alleged but not adjudged incompetentPersonal service, subject to protective court ordersDeliveryAllegation alone does not substitute guardian service
Corporation, partnership, or LLCSpecified officer, director, manager, member, partner, person in charge of Montana office, registered agent, or authorized agentDeliveryRecipient must fit the rule
Out-of-state defendantPersonal service after due diligence under Rule 4 and sufficient jurisdictional basisDeliveryOut-of-state residence does not eliminate personal-jurisdiction analysis
Secretary of State routeOnly where statute and Rule 4 predicates authorize itSpecified statutory eventCertified mail used by the Secretary of State is not a generic certified-mail method available in every case
PublicationNarrow property, status, attachment, or similar authorized settingLast publication or prescribed eventPublication alone does not support a personal money judgment without an independent personal-jurisdiction basis
Email, text, portal, or e-filing noticeNo general initial-service method identified—Later-paper electronic service under Rule 5 is distinct
Voluntary appearanceMay waive or supply personal-jurisdiction consequences depending on conductAppearanceNegotiation alone is not assumed to be an appearance

Captured table 03

Authority · Textual limit · 2 data rows

AuthorityTextual limit
MCA §25-3-107Service no later than 2 years after filing
M. R. Civ. P. 4(t)(1)Service within 3 years after filing

Captured table 04

Form or resource · Official literal URL · Stated purpose · 16 data rows

Form or resourceOfficial literal URLStated purposeStatus and limitation
Civil forms landing pagehttps://courts.mt.gov/forms/civilformsCentral District, limited-jurisdiction, and Small Claims form linksFreshly opened; individual DOC/DOCX content not fully read
District Court complainthttps://courts.mt.gov/external/library/forms/civil/district/complaint.docGeneric civil complaintOfficially linked; content/version not authenticated
District Court summonshttps://courts.mt.gov/external/library/forms/civil/district/summons.docGeneric summonsOfficially linked; cannot replace Rule 4 review
District Court answerhttps://courts.mt.gov/external/library/forms/civil/district/answer-complaint.docGeneric answerOfficially linked; no defense sufficiency determination
District motion instructionshttps://courts.mt.gov/external/library/forms/civil/district/about_mot.docGeneral motion guidanceOfficially linked; not a substitute for Rules 6, 7, 12, or local rules
District generic motionhttps://courts.mt.gov/external/library/forms/civil/district/motions/gen_mot.docGeneric motion shellOfficially linked; does not itself alter any deadline
Fee-waiver formhttps://courts.mt.gov/external/forms/dissolution/FeeWaiver.docxRequest to waive feesOfficially linked; statutory predicates in §25-10-404 control
Limited Court complainthttps://courts.mt.gov/external/library/forms/civil/city_jp/complaint.docJustice/City complaintOfficially linked; content/version not authenticated
Limited Court service instructionshttps://courts.mt.gov/external/library/forms/civil/city_jp/inst_sum.docSummons/service guidanceOfficially linked; Rule 4 controls
Limited Court answerhttps://courts.mt.gov/external/library/forms/civil/city_jp/answer.docJustice/City answerOfficially linked; current $20 appearance fee comes from statute
Limited Court default judgmenthttps://courts.mt.gov/external/library/forms/civil/city_jp/defau_jud.docDefault request/judgment materialOfficially linked; Rule 21 and jurisdiction control
Small Claims instructionshttps://courts.mt.gov/external/library/forms/small_claims/instructions.docSmall Claims overviewDirect content route unsupported; not independently verified
Small Claims complainthttps://courts.mt.gov/external/library/forms/small_claims/complaint.docSworn complaintStatutory form in §25-35-602 controls
Small Claims order/noticehttps://courts.mt.gov/external/library/forms/small_claims/notice_defend.docHearing order and defendant noticeStatutory notice text controls
Small Claims benchbookhttps://courts.mt.gov/courts/lcourt/benchbook/SmallClaimsBenchbook and form routeCommission-approved materials are expressly guidelines, not binding law
Montana e-filing guidehttps://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdfE-filing workflowRevision 9/20/2024; operational guide, not Rule 4 service authority

Captured table 05

Court · Plaintiff commencement · Defendant appearance · 3 data rows

CourtPlaintiff commencementDefendant appearanceJudgment or other relevant charge
District Court$90$60$50 payable by prevailing party on entry of judgment
Justice Court$40$20$20 payable by prevailing party; no additional court-service fee on default beyond complaint fee
Small Claims$20$10 for appearance/contest or counterclaimPrevailing party may recover allowable costs

Captured table 06

Source ID · Authority, issuer, full literal URL, and exact scope · Status and access limits · 20 data rows

Source IDAuthority, issuer, full literal URL, and exact scopeStatus and access limits
S_MT-P13-S001Montana court jurisdiction statutes, Montana Legislature: District Court §3-5-302, https://mca.legmt.gov/bills/mca/title_0030/chapter_0050/part_0030/section_0020/0030-0050-0030-0020.html; Justice Court §3-10-301, https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html; Municipal Court §3-6-103, https://mca.legmt.gov/bills/MCA/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html; City Court §§3-11-102–103, corresponding sections 0020 and 0030; transfer §3-5-313, section 0130.Fresh direct official HTML read. MCA 2025. No ordinary private-debt conclusion is drawn from special city-government claim branches. Montana Code Annotated +4
S_MT-P13-S002Montana venue statutes and rule: District general venue §25-2-118, https://mca.legmt.gov/bills/mca/title_0250/chapter_0020/part_0010/section_0180/0250-0020-0010-0180.html; contract venue §25-2-121, https://mca.legmt.gov/bills/MCA/title_0250/chapter_0020/part_0010/section_0210/0250-0020-0010-0210.html; Justice/City Rule 3, https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0030/0250-0230-0010-0030.html.Fresh direct official HTML read. Rule 3 includes residence, performance, waiver, and improper-venue dismissal provisions. Montana Code Annotated +2
S_MT-P13-S003Montana Small Claims Act, Montana Legislature: §§25-35-501–505, 601–609, 701, 801–803. Principal URLs: https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html; .../section_0050/0250-0350-0050-0050.html; .../part_0060/section_0020/0250-0350-0060-0020.html; .../section_0030/0250-0350-0060-0030.html; .../section_0040/0250-0350-0060-0040.html; .../section_0050/0250-0350-0060-0050.html; .../section_0080/0250-0350-0060-0080.html; .../part_0080/section_0030/0250-0350-0080-0030.html.Fresh direct official HTML read. Current $7,000 amount, party/assignment restrictions, hearing and removal procedures, and fees verified. No separate current Small Claims vacatur clause located. Montana Code Annotated +7
S_MT-P13-S004Montana Rules of Civil Procedure 3–6 and Uniform District Court Rule 16: Rule 3 https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0030/0250-0200-0020-0030.html; Rule 4 section 0040; Rule 5 section 0050; Rule 6 section 0060; U.D.C. Rule 16 https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0160/0250-0190-0010-0160.html.Fresh direct official HTML read. Complete materially relevant current clauses reviewed. Rule 4(t)/§25-3-107 conflict remains unresolved. Montana Code Annotated +3
S_MT-P13-S005Montana Rules of Civil Procedure 12, 17, 54, 55, 60, and 62: literal URLs ending in sections 0120, 0170, 0540, 0550, 0600, and 0620 under Title 25, chapter 20.Fresh direct official HTML read. Used for response, real-party, default, relief, and enforcement-stay boundaries. Montana Code Annotated +5
S_MT-P13-S006Montana Justice and City Court Rules 2, 4–9, 21, and 22, Montana Legislature, Title 25, chapter 23, part 1: literal section URLs 0020, 0040, 0050, 0060, 0070, 0090, 0210, and 0220.Fresh direct official HTML read. Current embedded summons still shows an obsolete $15 fee; current §25-31-112’s $20 appearance fee controls the fee conclusion here. Montana Code Annotated +7
S_MT-P13-S007Limited-court representation and default appeal: §25-31-601, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0060/section_0010/0250-0310-0060-0010.html; §25-33-303, https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/part_0030/section_0030/0250-0330-0030-0030.html.Fresh direct official HTML read. Representation exceptions remain entity- and ownership-specific. Montana Code Annotated +1
S_MT-P13-S008Current court-fee and waiver statutes: §25-1-201, https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html; §25-31-112, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0010/section_0120/0250-0310-0010-0120.html; §25-35-608, small-claims section above; §25-10-404, https://mca.legmt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html.Fresh direct official HTML read. Does not include every sheriff, service, copy, local technology, or appeal cost. Montana Code Annotated +3
S_MT-P13-S009Montana Judicial Branch Civil Forms: https://courts.mt.gov/forms/civilforms; Small Claims benchbook: https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims.Fresh official pages read. DOC/DOCX links were discoverable but unsupported for full content extraction; exact internal form versions were not authenticated. Benchbook states materials are guidelines, not binding. Montana Courts +1
S_MT-P13-S010Montana Judicial Branch, E-Filing a New Civil Case, https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf, revision 9/20/2024. Relevant printed p.2/PDF index 1 and printed pp.15–16/PDF indices 14–15.Fresh official PDF read and relevant pages visually inspected. Operational guide only. Its fee example is not relied upon as current statutory fee authority. Montana Courts +2
S_MT-P13-S011Estate of Athy v. Edgewood Vista, 2026 MT 3, Montana Supreme Court. Official PDF: https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=552479. Relevant printed p.12/PDF index 11.Fresh complete official opinion PDF read; relevant page visually inspected. Medical-specific six-month service statute decided the case; ordinary two-versus-three-year conflict expressly noted but not resolved. Judicial Document Service
S_MT-P13-S012Whitefish Credit Union v. Sherman, 2012 MT 267. PDF: https://cases.justia.com/montana/supreme-court/da-12-0053.pdf?ts=1462390657. Relevant printed pp.2, 7–9/PDF indices 1, 6–8.Fresh complete public opinion PDF read and relevant pages visually inspected. Used for service voidness and excusable-neglect factors. Justia Law +3
S_MT-P13-S013Perkins Family Holdings, LLC v. Tile Guys, LLC, 2023 MT. PDF: https://cases.justia.com/montana/supreme-court/2023-da-22-0159.pdf?ts=1674605217. Relevant printed pp.3, 6–8/PDF indices 2, 5–7.Fresh complete public opinion PDF read and relevant pages visually inspected. Used for clerk authority, void default judgment, and Rule 55 good-cause analysis. Justia Law +3
S_MT-P13-S014Bradley v. Yellowstone Trails Ranch, 2026 MT 112. PDF: https://cases.justia.com/montana/supreme-court/2026-da-25-0473.pdf?ts=1779829650. Relevant printed pp.6, 8–11/PDF indices 5, 7–10.Fresh complete public opinion PDF read and relevant pages visually inspected. Current appearance/default-notice authority; actual acknowledgment language was unusual and fact-specific. Justia Law +4
S_MT-P13-S015H & H Development, LLC v. Ramlow, 2012 MT 51, https://law.justia.com/cases/montana/supreme-court/2012/da-11-0236.html.Fresh full public opinion reproduction read. Used only for District Court entity representation and possible cure/relating back. Justia Law
S_MT-P13-S016HomeRiver Group v. Anders Business Solutions, LLC, 2025 MT 154N, https://law.justia.com/cases/montana/supreme-court/2025/da-24-0531.html.Fresh full public memorandum opinion read. Historical/current factual illustration only. Expressly noncitable and nonprecedential. Justia Law
S_MT-P13-S017Servicemembers Civil Relief Act, 50 U.S.C. §3931, U.S. House Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t50/s3931/.Fresh direct official HTML read. Text through Public Law 119-124, October 15, 2026. Used only for default safeguards. U.S. Code
S_MT-P13-S018FDCPA venue, 15 U.S.C. §1692i: https://uscode.house.gov/us/usc/119-124/t15/s1692i/.Fresh direct official HTML read. Conditional on federal actor/debt coverage. U.S. Code
S_MT-P13-S019Federal removal statute, 28 U.S.C. §1441: https://uscode.house.gov/us/usc/119-124/t28/s1441/.Fresh direct official HTML read. Used only for the narrow removal boundary; no complete removal dossier. U.S. Code
S_MT-P13-S020MCA §25-3-107: https://mca.legmt.gov/bills/MCA/title_0250/chapter_0030/part_0010/section_0070/0250-0030-0010-0070.html.Fresh direct official HTML read. 2023 enactment; creates unresolved conflict with District Rule 4(t). Montana Code Annotated
Source links captured in this table

Captured table 07

Claim ID · Precise claim · Source, predicates, consequence, and confidence · 62 data rows

Claim IDPrecise claimSource, predicates, consequence, and confidence
S_MT-P13-C001District Court has general original ordinary civil jurisdiction without an ordinary monetary ceiling.S001, §3-5-302. High.
S_MT-P13-C002Justice Court ordinary contract/debt/note/account jurisdiction is generally capped at $15,000 excluding costs and attorney fees.S001, §3-10-301. High.
S_MT-P13-C003Ordinary Municipal and City Court private civil jurisdiction tracks the limited Justice Court route, subject to their separate statutory structures.S001, §§3-6-103, 3-11-102. High in core; court-specific organization held.
S_MT-P13-C004Small Claims jurisdiction is $7,000 excluding costs and requires service within the filing county.S003, §25-35-502. High.
S_MT-P13-C005Ordinary assigned claims may not be filed in Small Claims unless assigned under §27-1-718.S003, §25-35-505(4)–(5). High.
S_MT-P13-C006Small Claims permits attorneys only if all parties are represented and permits specified entity representatives.S003, §25-35-505(2)–(3). High.
S_MT-P13-C007District venue generally lies where a defendant resides; contract venue may also lie where performance is due.S002, §§25-2-118, 121. High.
S_MT-P13-C008Justice/City venue includes defendant residence and, for debt/contract claims, place of payment or performance; improper venue can be waived.S002, Justice/City Rule 3. High.
S_MT-P13-C009A covered FDCPA debt collector must use the federal consumer-debt venue prescribed by §1692i.S018. High, conditional on federal coverage.
S_MT-P13-C010Federal removal is available only to a defendant and only when federal original jurisdiction exists.S019. High for statutory boundary.
S_MT-P13-C011A District Court action commences by filing the complaint.S004, Rule 3. High.
S_MT-P13-C012Filing does not substitute for valid service or an effective waiver/appearance.S004; S011. High.
S_MT-P13-C013Actual notice does not cure defective initial service.S011, Athy. High.
S_MT-P13-C014District summons must contain the Rule 4 identity, response, contact, and default-warning information and be served with the complaint.S004, Rule 4. High.
S_MT-P13-C015District process may be served by sheriff, deputy, constable, or nonparty adult at least 18.S004, Rule 4. High.
S_MT-P13-C016District adult-individual service is personal or through an authorized agent; no general adult abode substitute is supplied.S004, Rule 4. High.
S_MT-P13-C017District first-class-mail service is an acknowledgment procedure, completed on signature, with personal service required if not returned within 21 days.S004, Rule 4. High.
S_MT-P13-C018Minor, incompetent-person, and entity service require their specifically prescribed recipients and protections.S004, Rule 4. High.
S_MT-P13-C019District publication is narrow and does not alone support a personal money judgment without personal jurisdiction.S004, Rule 4. High.
S_MT-P13-C020Initial email, text, or e-filing notification is not a general Rule 4 service method.S004, Rules 4–5; S009–S010. High bounded conclusion.
S_MT-P13-C021Electronic service of later District papers requires written consent or a valid court e-filing rule; listing an email address alone is insufficient.S004, Rule 5 and U.D.C. Rule 16. High.
S_MT-P13-C022Justice/City summons directs an answer within 20 days after service.S006, Rule 4. High.
S_MT-P13-C023Justice/City mail acknowledgment is complete on signature; if not returned within 20 days, personal service follows.S006, Rule 4. High.
S_MT-P13-C024Justice/City publication is property-limited and does not create personal jurisdiction by itself.S006, Rule 4. High.
S_MT-P13-C025Small Claims service follows Justice Court civil-process methods and must occur at least five days before hearing.S003, §§25-35-603–604. High.
S_MT-P13-C026Small Claims repeated hearing orders may issue only within one year after commencement.S003, §25-35-603. High.
S_MT-P13-C027MCA §25-3-107 says service within two years; District Rule 4(t) says three years.S004, Rule 4(t); S020. High textual conflict.
S_MT-P13-C028Athy expressly noted but did not resolve the two-year/three-year ordinary service conflict.S011, printed p.12/PDF index 11. High.
S_MT-P13-C029District answer is ordinarily due 21 days after service.S005, Rule 12(a). High.
S_MT-P13-C030A timely District Rule 12 motion shifts the answer deadline to the rule’s 14-day post-ruling or post-statement period.S005, Rule 12(a)(4). High.
S_MT-P13-C031District personal-jurisdiction, venue, process, and service defenses can be waived if omitted from the first proper response.S005, Rule 12(g)–(h). High.
S_MT-P13-C032Justice/City answer is due in 20 days, and un-denied material allegations may be admitted.S006, Rule 7. High.
S_MT-P13-C033A late Justice/City pleading may be filed after 20 days if default has not yet been entered.S006, Rule 5. High.
S_MT-P13-C034A Justice/City motion does not automatically extend the answer period; extension requires Rule 6 cause or excusable neglect.S006, Rules 6 and 9. High.
S_MT-P13-C035Small Claims uses a hearing appearance rather than an ordinary written answer.S003, §§25-35-602–603, 607. High.
S_MT-P13-C036Small Claims may be removed within ten days after service, after which Justice Court procedure governs.S003, §25-35-605. High.
S_MT-P13-C037District time computation excludes the trigger day, counts intermediate weekends/holidays, and extends a weekend/holiday last day.S004, Rule 6(a). High.
S_MT-P13-C038District electronic filing ordinarily ends at midnight in the court’s time zone; other filing ends at clerk closing.S004, Rule 6(a)(4). High.
S_MT-P13-C039District Rule 6’s extra three days apply only after specified Rule 5 later-paper service methods, not initial Rule 4 service.S004, Rule 6(d). High.
S_MT-P13-C040Justice/City Rule 6 uses trigger-day exclusion and weekend/holiday extension, with three days only after mail service of a notice or other paper.S006, Rule 6. High.
S_MT-P13-C041Negotiation, a regulatory complaint, a credit dispute, an FDCPA request, or a payment promise does not independently extend a court response deadline.S005–S006. High procedural boundary.
S_MT-P13-C042District default first requires clerk entry after a failure to plead or otherwise defend is shown.S005, Rule 55(a). High.
S_MT-P13-C043District clerk judgment is limited to sum-certain or computable claims against nonappearing competent adults.S005, Rule 55(b)(1). High.
S_MT-P13-C044Other District default judgments require court application and may require evidence, accounting, or hearing.S005, Rule 55(b)(2). High.
S_MT-P13-C045An appeared District defendant receives at least seven days’ notice of a default-judgment application.S005, Rule 55(b)(2); S014. High.
S_MT-P13-C046A default judgment may not differ in kind from or exceed the amount demanded.S005, Rule 54(c). High.
S_MT-P13-C047The SCRA requires a military-status affidavit before default judgment and provides appointment, stay, and reopening protections.S017. High, conditional on status and statutory facts.
S_MT-P13-C048Entry of default is set aside under flexible Rule 55 good cause.S005, Rule 55(c); S013. High.
S_MT-P13-C049Final District judgment relief proceeds under Rule 60, with a one-year cap on grounds 1–3 and a reasonable-time rule generally.S005, Rule 60. High.
S_MT-P13-C050Rule 60(b)(1) excusable-neglect relief uses diligence, excusable neglect, injury, and meritorious-defense factors.S012; S014. High.
S_MT-P13-C051A District judgment entered without personal jurisdiction may be void under Rule 60(b)(4).S005, Rule 60(b)(4); S012. High.
S_MT-P13-C052Vacating a void or improper final judgment does not necessarily set aside the underlying entry of default.S013. High.
S_MT-P13-C053District enforcement is ordinarily stayed for 14 days after judgment entry.S005, Rule 62(a). High.
S_MT-P13-C054Justice/City default requires written motion; sum-certain judgment may be entered by judge or clerk, while uncertain damages may require hearing.S006, Rule 21. High.
S_MT-P13-C055Justice/City relief for mistake, inadvertence, surprise, or excusable neglect must be requested within 30 days with an affidavit; hearing follows within ten days of receipt.S006, Rule 22. High.
S_MT-P13-C056Justice/City default appeals are limited to facial legal questions and abuse of discretion concerning set-aside decisions.S007, §25-33-303. High.
S_MT-P13-C057The exact Small Claims default-vacatur route is unresolved in the reviewed current authorities.S003; S006–S007. Unresolved; no separate direct cross-reference located.
S_MT-P13-C058District entities generally require licensed counsel; Justice and Small Claims contain narrow statutory entity-representation exceptions.S007; S015–S016; S003. High in general, fact-dependent in exceptions.
S_MT-P13-C059Current filing fees are $90/$60 in District, $40/$20 in Justice, and $20/$10 in Small Claims.S008. High.
S_MT-P13-C060Fee waiver requires the statutory affidavit, financial statement, good claim or defense, and inability to pay.S008, §25-10-404. High.
S_MT-P13-C061Officially hosted generic forms are not proof of valid service, adequate defenses, standing, or local filing compliance.S009–S010. High methodological conclusion.
S_MT-P13-C062Missing an answer date does not itself create judgment or authorize immediate seizure.S005–S006. High procedural consequence.

Captured table 08

Assigned issue · Status · Claim IDs · 84 data rows

Assigned issueStatusClaim IDsExact remaining evidence or next action
District Court subject-matter jurisdictionAnsweredC001Apply actual claim and any exclusive specialized jurisdiction.
Justice Court monetary jurisdictionAnsweredC002Actual principal, requested damages, attorney fees, and counterclaims.
City Court ordinary private jurisdictionAnswered in coreC003Confirm the actual city’s court organization and local rules.
Municipal Court ordinary private jurisdictionAnswered in coreC003Confirm actual municipal court and local operating rules.
Small Claims monetary limitAnsweredC004Actual relief and property value.
Small Claims county-service nexusAnsweredC004Actual defendant location and service availability.
Small Claims ordinary assigneeAnswered as barredC005Determine whether §27-1-718 exception actually applies.
Small Claims annual filing capAnswered textuallyC005Actual claimant filing history held.
Small Claims attorney useAnsweredC006Whether all parties are represented.
District real party in interestAnsweredC058; source S005 Rule 17Actual assignment and ownership proof deferred.
District entity representationAnsweredC058Actual entity and counsel.
Justice entity representationPartialC058Majority LLC ownership, articles, and statutory authority.
District venueAnsweredC007Residence, performance, and contract terms.
Justice/City venueAnsweredC008Residence, place of payment, and waiver timing.
Small Claims venueAnsweredC004, C008County service and Justice venue.
Contractual forum clauseExcluded/partialC007–C009Actual clause, assent, public policy, and FDCPA overlay.
FDCPA venueAnswered conditionallyC009Actor and consumer-debt coverage.
Federal removalBoundedC010Full federal jurisdiction, timing, consent, and remand later.
District commencement by filingAnsweredC011Actual court-stamped filing.
Summons issuance/contentAnsweredC014Actual issued summons.
District process server eligibilityAnsweredC015Actual server identity.
Adult personal serviceAnsweredC016Actual delivery and agency.
Adult abode serviceNo general District route identifiedC016Different statutory or court-ordered authority would be required.
District mail acknowledgmentAnsweredC017Actual packet and signature.
Certified mail as general serviceNot establishedC017–C020Only specific statutory/Secretary routes.
Minor serviceAnswered in frameworkC018Age, guardian, residence, and actual delivery.
Incompetent-person serviceAnswered in frameworkC018Adjudication, guardian, and court orders.
Entity serviceAnswered in frameworkC018Entity type and recipient authority.
Out-of-state personal servicePartialC018Jurisdiction, due diligence, and foreign service facts.
PublicationAnswered narrowlyC019Property/status predicate, diligence, publication, mailing.
Alternative court-ordered serviceUnresolved generallyC020Specific statute/order authority required.
Initial email or text serviceNo general authorityC020Consent to later service does not resolve initial service.
Electronic filingAnswered as filing workflowC021Local court enrollment and technical rules.
Electronic later serviceAnswered conditionallyC021Written consent or e-service rule.
Actual notice versus serviceAnsweredC013Actual method and waiver/appearance.
Proof of serviceAnswered in coreC012–C018Actual certificate or affidavit.
Two-year service statuteAnswered textuallyC027Conflict with Rule 4 remains.
Three-year District ruleAnswered textuallyC027Conflict remains.
Controlling conflict resolutionUnresolvedC028Later Supreme Court or legislative action.
Justice general terminal service periodPartialC027§25-3-107 application not separately adjudicated here.
Small Claims one-year reissuanceAnsweredC026Actual commencement and service efforts.
District answer deadlineAnsweredC029Actual service date.
District Rule 12 deadline alterationAnsweredC030Actual motion and notice date.
Waivable District defensesAnsweredC031First responsive filing content.
Justice answer deadlineAnsweredC032Actual service date.
Justice late pleading before defaultAnsweredC033Whether default already entered.
Justice motion and extensionAnsweredC034Actual extension order or excusable neglect.
Small Claims responseAnsweredC035–C036Hearing and removal dates.
Negotiation as responseAnswered as insufficientC041Actual court filing controls.
FDCPA/CRA dispute as responseAnswered as insufficientC041Independent court filing required.
District day countingAnsweredC037–C039Actual date and holidays.
Justice day countingAnsweredC040Actual trigger and mail method.
Electronic-filing terminal timeAnsweredC038Court time zone and local technical availability.
Clerk inaccessibilityAnsweredC037–C038Actual closure or outage.
District entry of defaultAnsweredC042Actual failure and affidavit.
District sum certainAnswered in principleC043Actual ledger, contract, fees, and arithmetic.
Unliquidated/default proofAnsweredC044Actual evidence and hearing.
Appearance noticeAnsweredC045Actual filing, acknowledgment, or conduct.
Relief limited by demandAnsweredC046Actual complaint.
Servicemember defaultAnswered federallyC047Actual military-status search and affidavit.
Entry-default set-asideAnsweredC048Actual willfulness, prejudice, and defense.
Final judgment Rule 60AnsweredC049–C052Actual ground, timing, and evidence.
Void judgmentAnswered in principleC051Actual jurisdiction/service record.
Excusable neglectAnswered in frameworkC050Diligence, excuse, injury, defense.
Judgment-enforcement waiting periodAnswered only as boundaryC053Full writ, lien, and garnishment procedure excluded.
Justice defaultAnsweredC054Actual written motion and sum.
Justice set-asideAnswered in ruleC055Actual affidavit and 30-day timing.
Justice void judgment procedureUnresolvedC055–C056Controlling jurisdictional authority required.
Justice default appealAnswered narrowlyC056Actual facial error or abuse.
Small Claims defaultPartialC035, C057Express warning established; separate judgment process held.
Small Claims vacaturUnresolvedC057Current direct cross-reference or case required.
Small Claims appealAnswered for ordinary judgmentSource S003 §25-35-803Default-specific interaction remains held.
Current official form routeAnsweredC061Individual DOC/DOCX versions not authenticated.
Current statutory filing feesAnsweredC059Local service and technology fees separate.
Fee waiverAnsweredC060Actual affidavit and judicial decision.
Full assignment proof/standingExcluded—Dedicated evidence/standing pass.
Contract validity/interest/feesExcluded—Substantive debt pass.
ArbitrationExcluded—Separate arbitration dossier.
Full discovery/evidence/hearsayExcluded—Evidence pass.
Appeal procedureExcluded except narrow default/small-claims boundariesC056–C057Complete appeal pass.
Postjudgment interest/lien/renewalExcluded—Separate judgment-duration pass.
Garnishment and exemptionsExcluded—Separate enforcement pass.
Local and tribal rulesExcluded—Court- and jurisdiction-specific investigation.
Actual case deadlineUnresolvedAll timing claimsRequires filed documents, court, service, orders, appearance, and local rules.

Find the assertion and its boundaries

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

8 pending corrections

This dated research component contains identified issues. Read the correction panel before relying on its affected passages or tables. Other findings retain their own evidence limits.

S_MT-P13-C001 Saved research record

District Court has general original ordinary civil jurisdiction without an ordinary monetary ceiling.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S001, §3-5-302. High.
S_MT-P13-C002 Saved research record

Justice Court ordinary contract/debt/note/account jurisdiction is generally capped at $15,000 excluding costs and attorney fees.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S001, §3-10-301. High.
S_MT-P13-C003 Saved research record

Ordinary Municipal and City Court private civil jurisdiction tracks the limited Justice Court route, subject to their separate statutory structures.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S001, §§3-6-103, 3-11-102. High in core; court-specific organization held.
S_MT-P13-C004 Saved research record

Small Claims jurisdiction is $7,000 excluding costs and requires service within the filing county.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §25-35-502. High.
S_MT-P13-C005 Recorded correction or qualification applies

Ordinary assigned claims may not be filed in Small Claims unless assigned under §27-1-718.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S003, §25-35-505(4)–(5). High.
S_MT-P13-C006 Saved research record

Small Claims permits attorneys only if all parties are represented and permits specified entity representatives.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §25-35-505(2)–(3). High.
S_MT-P13-C007 Saved research record

District venue generally lies where a defendant resides; contract venue may also lie where performance is due.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S002, §§25-2-118, 121. High.
S_MT-P13-C008 Recorded correction or qualification applies

Justice/City venue includes defendant residence and, for debt/contract claims, place of payment or performance; improper venue can be waived.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S002, Justice/City Rule 3. High.
S_MT-P13-C009 Saved research record

A covered FDCPA debt collector must use the federal consumer-debt venue prescribed by §1692i.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S018. High, conditional on federal coverage.
S_MT-P13-C010 Saved research record

Federal removal is available only to a defendant and only when federal original jurisdiction exists.

Recorded check status: original removal claim source access failed currentness and application held

Source, predicates, consequence, and confidence
S019. High for statutory boundary.
S_MT-P13-C011 Saved research record

A District Court action commences by filing the complaint.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 3. High.
S_MT-P13-C012 Saved research record

Filing does not substitute for valid service or an effective waiver/appearance.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S004; S011. High.
S_MT-P13-C013 Saved research record

Actual notice does not cure defective initial service.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S011, Athy. High.
S_MT-P13-C014 Saved research record

District summons must contain the Rule 4 identity, response, contact, and default-warning information and be served with the complaint.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C015 Recorded correction or qualification applies

District process may be served by sheriff, deputy, constable, or nonparty adult at least 18.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C016 Saved research record

District adult-individual service is personal or through an authorized agent; no general adult abode substitute is supplied.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C017 Recorded correction or qualification applies

District first-class-mail service is an acknowledgment procedure, completed on signature, with personal service required if not returned within 21 days.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C018 Saved research record

Minor, incompetent-person, and entity service require their specifically prescribed recipients and protections.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C019 Saved research record

District publication is narrow and does not alone support a personal money judgment without personal jurisdiction.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S004, Rule 4. High.
S_MT-P13-C020 Saved research record

Initial email, text, or e-filing notification is not a general Rule 4 service method.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rules 4–5; S009–S010. High bounded conclusion.
S_MT-P13-C021 Recorded correction or qualification applies

Electronic service of later District papers requires written consent or a valid court e-filing rule; listing an email address alone is insufficient.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S004, Rule 5 and U.D.C. Rule 16. High.
S_MT-P13-C022 Saved research record

Justice/City summons directs an answer within 20 days after service.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 4. High.
S_MT-P13-C023 Saved research record

Justice/City mail acknowledgment is complete on signature; if not returned within 20 days, personal service follows.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 4. High.
S_MT-P13-C024 Saved research record

Justice/City publication is property-limited and does not create personal jurisdiction by itself.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S006, Rule 4. High.
S_MT-P13-C025 Saved research record

Small Claims service follows Justice Court civil-process methods and must occur at least five days before hearing.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §§25-35-603–604. High.
S_MT-P13-C026 Saved research record

Small Claims repeated hearing orders may issue only within one year after commencement.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §25-35-603. High.
S_MT-P13-C027 Saved research record

MCA §25-3-107 says service within two years; District Rule 4(t) says three years.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 4(t); S020. High textual conflict.
S_MT-P13-C028 Saved research record

Athy expressly noted but did not resolve the two-year/three-year ordinary service conflict.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S011, printed p.12/PDF index 11. High.
S_MT-P13-C029 Saved research record

District answer is ordinarily due 21 days after service.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 12(a). High.
S_MT-P13-C030 Saved research record

A timely District Rule 12 motion shifts the answer deadline to the rule’s 14-day post-ruling or post-statement period.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 12(a)(4). High.
S_MT-P13-C031 Saved research record

District personal-jurisdiction, venue, process, and service defenses can be waived if omitted from the first proper response.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S005, Rule 12(g)–(h). High.
S_MT-P13-C032 Saved research record

Justice/City answer is due in 20 days, and un-denied material allegations may be admitted.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 7. High.
S_MT-P13-C033 Saved research record

A late Justice/City pleading may be filed after 20 days if default has not yet been entered.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 5. High.
S_MT-P13-C034 Saved research record

A Justice/City motion does not automatically extend the answer period; extension requires Rule 6 cause or excusable neglect.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rules 6 and 9. High.
S_MT-P13-C035 Saved research record

Small Claims uses a hearing appearance rather than an ordinary written answer.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §§25-35-602–603, 607. High.
S_MT-P13-C036 Saved research record

Small Claims may be removed within ten days after service, after which Justice Court procedure governs.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S003, §25-35-605. High.
S_MT-P13-C037 Saved research record

District time computation excludes the trigger day, counts intermediate weekends/holidays, and extends a weekend/holiday last day.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 6(a). High.
S_MT-P13-C038 Saved research record

District electronic filing ordinarily ends at midnight in the court’s time zone; other filing ends at clerk closing.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 6(a)(4). High.
S_MT-P13-C039 Saved research record

District Rule 6’s extra three days apply only after specified Rule 5 later-paper service methods, not initial Rule 4 service.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S004, Rule 6(d). High.
S_MT-P13-C040 Saved research record

Justice/City Rule 6 uses trigger-day exclusion and weekend/holiday extension, with three days only after mail service of a notice or other paper.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 6. High.
S_MT-P13-C041 Saved research record

Negotiation, a regulatory complaint, a credit dispute, an FDCPA request, or a payment promise does not independently extend a court response deadline.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005–S006. High procedural boundary.
S_MT-P13-C042 Saved research record

District default first requires clerk entry after a failure to plead or otherwise defend is shown.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 55(a). High.
S_MT-P13-C043 Saved research record

District clerk judgment is limited to sum-certain or computable claims against nonappearing competent adults.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 55(b)(1). High.
S_MT-P13-C044 Saved research record

Other District default judgments require court application and may require evidence, accounting, or hearing.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 55(b)(2). High.
S_MT-P13-C045 Saved research record

An appeared District defendant receives at least seven days’ notice of a default-judgment application.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S005, Rule 55(b)(2); S014. High.
S_MT-P13-C046 Saved research record

A default judgment may not differ in kind from or exceed the amount demanded.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 54(c). High.
S_MT-P13-C047 Saved research record

The SCRA requires a military-status affidavit before default judgment and provides appointment, stay, and reopening protections.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S017. High, conditional on status and statutory facts.
S_MT-P13-C048 Saved research record

Entry of default is set aside under flexible Rule 55 good cause.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S005, Rule 55(c); S013. High.
S_MT-P13-C049 Recorded correction or qualification applies

Final District judgment relief proceeds under Rule 60, with a one-year cap on grounds 1–3 and a reasonable-time rule generally.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S005, Rule 60. High.
S_MT-P13-C050 Saved research record

Rule 60(b)(1) excusable-neglect relief uses diligence, excusable neglect, injury, and meritorious-defense factors.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S012; S014. High.
S_MT-P13-C051 Saved research record

A District judgment entered without personal jurisdiction may be void under Rule 60(b)(4).

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S005, Rule 60(b)(4); S012. High.
S_MT-P13-C052 Saved research record

Vacating a void or improper final judgment does not necessarily set aside the underlying entry of default.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S013. High.
S_MT-P13-C053 Saved research record

District enforcement is ordinarily stayed for 14 days after judgment entry.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005, Rule 62(a). High.
S_MT-P13-C054 Saved research record

Justice/City default requires written motion; sum-certain judgment may be entered by judge or clerk, while uncertain damages may require hearing.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 21. High.
S_MT-P13-C055 Saved research record

Justice/City relief for mistake, inadvertence, surprise, or excusable neglect must be requested within 30 days with an affidavit; hearing follows within ten days of receipt.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S006, Rule 22. High.
S_MT-P13-C056 Saved research record

Justice/City default appeals are limited to facial legal questions and abuse of discretion concerning set-aside decisions.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S007, §25-33-303. High.
S_MT-P13-C057 Saved research record

The exact Small Claims default-vacatur route is unresolved in the reviewed current authorities.

Recorded check status: selected rule gateway only underlying judicial or unresolved route holds

Source, predicates, consequence, and confidence
S003; S006–S007. Unresolved; no separate direct cross-reference located.
S_MT-P13-C058 Recorded correction or qualification applies

District entities generally require licensed counsel; Justice and Small Claims contain narrow statutory entity-representation exceptions.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S007; S015–S016; S003. High in general, fact-dependent in exceptions.
S_MT-P13-C059 Saved research record

Current filing fees are $90/$60 in District, $40/$20 in Justice, and $20/$10 in Small Claims.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S008. High.
S_MT-P13-C060 Recorded correction or qualification applies

Fee waiver requires the statutory affidavit, financial statement, good claim or defense, and inability to pay.

Recorded check status: bounded correction or traceability link pending UNSENT other core holds retained

Source, predicates, consequence, and confidence
S008, §25-10-404. High.
S_MT-P13-C061 Saved research record

Officially hosted generic forms are not proof of valid service, adequate defenses, standing, or local filing compliance.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S009–S010. High methodological conclusion.
S_MT-P13-C062 Saved research record

Missing an answer date does not itself create judgment or authorize immediate seizure.

Recorded check status: selected statutory or rule core with scope and application holds

Source, predicates, consequence, and confidence
S005–S006. High procedural consequence.

Sources, pinpoints and access limits

Keep the source version, actual read extent and jurisdiction with the proposition. A link or researcher access claim is not a substitute for an operative primary passage.

S_MT-P13-S001 Saved research record

Montana court jurisdiction statutes, Montana Legislature: District Court §3-5-302, https://mca.legmt.gov/bills/mca/title_0030/chapter_0050/part_0030/section_0020/0030-0050-0030-0020.html; Justice Court §3-10-301, https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html; Municipal Court §3-6-103, https://mca.legmt.gov/bills/MCA/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html; City Court §§3-11-102–103, corresponding sections 0020 and 0030; transfer §3-5-313, section 0130.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. MCA 2025. No ordinary private-debt conclusion is drawn from special city-government claim branches. Montana Code Annotated +4
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0030/chapter_0050/part_0030/section_0020/0030-0050-0030-0020.html
https://mca.legmt.gov/bills/mca/title_0030/chapter_0100/part_0030/section_0010/0030-0100-0030-0010.html
https://mca.legmt.gov/bills/MCA/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html
S_MT-P13-S002 Saved research record

Montana venue statutes and rule: District general venue §25-2-118, https://mca.legmt.gov/bills/mca/title_0250/chapter_0020/part_0010/section_0180/0250-0020-0010-0180.html; contract venue §25-2-121, https://mca.legmt.gov/bills/MCA/title_0250/chapter_0020/part_0010/section_0210/0250-0020-0010-0210.html; Justice/City Rule 3, https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0030/0250-0230-0010-0030.html.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Rule 3 includes residence, performance, waiver, and improper-venue dismissal provisions. Montana Code Annotated +2
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0020/part_0010/section_0180/0250-0020-0010-0180.html
https://mca.legmt.gov/bills/MCA/title_0250/chapter_0020/part_0010/section_0210/0250-0020-0010-0210.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0030/0250-0230-0010-0030.html
S_MT-P13-S003 Saved research record

Montana Small Claims Act, Montana Legislature: §§25-35-501–505, 601–609, 701, 801–803. Principal URLs: https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html; .../section_0050/0250-0350-0050-0050.html; .../part_0060/section_0020/0250-0350-0060-0020.html; .../section_0030/0250-0350-0060-0030.html; .../section_0040/0250-0350-0060-0040.html; .../section_0050/0250-0350-0060-0050.html; .../section_0080/0250-0350-0060-0080.html; .../part_0080/section_0030/0250-0350-0080-0030.html.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Current $7,000 amount, party/assignment restrictions, hearing and removal procedures, and fees verified. No separate current Small Claims vacatur clause located. Montana Code Annotated +7
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0050/section_0020/0250-0350-0050-0020.html
S_MT-P13-S004 Saved research record

Montana Rules of Civil Procedure 3–6 and Uniform District Court Rule 16: Rule 3 https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0030/0250-0200-0020-0030.html; Rule 4 section 0040; Rule 5 section 0050; Rule 6 section 0060; U.D.C. Rule 16 https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0160/0250-0190-0010-0160.html.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Complete materially relevant current clauses reviewed. Rule 4(t)/§25-3-107 conflict remains unresolved. Montana Code Annotated +3
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0030/0250-0200-0020-0030.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0190/part_0010/section_0160/0250-0190-0010-0160.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0020/section_0040/0250-0200-0020-0040.html
S_MT-P13-S005 Saved research record

Montana Rules of Civil Procedure 12, 17, 54, 55, 60, and 62: literal URLs ending in sections 0120, 0170, 0540, 0550, 0600, and 0620 under Title 25, chapter 20.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Used for response, real-party, default, relief, and enforcement-stay boundaries. Montana Code Annotated +5
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0200/part_0030/section_0120/0250-0200-0030-0120.html
S_MT-P13-S006 Saved research record

Montana Justice and City Court Rules 2, 4–9, 21, and 22, Montana Legislature, Title 25, chapter 23, part 1: literal section URLs 0020, 0040, 0050, 0060, 0070, 0090, 0210, and 0220.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Current embedded summons still shows an obsolete $15 fee; current §25-31-112’s $20 appearance fee controls the fee conclusion here. Montana Code Annotated +7
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0020/0250-0230-0010-0020.html
S_MT-P13-S007 Saved research record

Limited-court representation and default appeal: §25-31-601, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0060/section_0010/0250-0310-0060-0010.html; §25-33-303, https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/part_0030/section_0030/0250-0330-0030-0030.html.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Representation exceptions remain entity- and ownership-specific. Montana Code Annotated +1
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0060/section_0010/0250-0310-0060-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0330/part_0030/section_0030/0250-0330-0030-0030.html
S_MT-P13-S008 Saved research record

Current court-fee and waiver statutes: §25-1-201, https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html; §25-31-112, https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0010/section_0120/0250-0310-0010-0120.html; §25-35-608, small-claims section above; §25-10-404, https://mca.legmt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Does not include every sheriff, service, copy, local technology, or appeal cost. Montana Code Annotated +3
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0010/part_0020/section_0010/0250-0010-0020-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0310/part_0010/section_0120/0250-0310-0010-0120.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html
S_MT-P13-S009 Saved research record

Montana Judicial Branch Civil Forms: https://courts.mt.gov/forms/civilforms; Small Claims benchbook: https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh official pages read. DOC/DOCX links were discoverable but unsupported for full content extraction; exact internal form versions were not authenticated. Benchbook states materials are guidelines, not binding. Montana Courts +1
Direct source URLs
https://courts.mt.gov/forms/civilforms
https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims
S_MT-P13-S010 Saved research record

Montana Judicial Branch, E-Filing a New Civil Case, https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf, revision 9/20/2024. Relevant printed p.2/PDF index 1 and printed pp.15–16/PDF indices 14–15.

Recorded check status: original operational guide PDF unreopened version and pixel holds

Status and access limits
Fresh official PDF read and relevant pages visually inspected. Operational guide only. Its fee example is not relied upon as current statutory fee authority. Montana Courts +2
Direct source URLs
https://courts.mt.gov/External/efile/instructions/EfilingCivilCases.pdf
S_MT-P13-S011 Saved research record

Estate of Athy v. Edgewood Vista, 2026 MT 3, Montana Supreme Court. Official PDF: https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=552479. Relevant printed p.12/PDF index 11.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh complete official opinion PDF read; relevant page visually inspected. Medical-specific six-month service statute decided the case; ordinary two-versus-three-year conflict expressly noted but not resolved. Judicial Document Service
Direct source URLs
https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=552479
S_MT-P13-S012 Saved research record

Whitefish Credit Union v. Sherman, 2012 MT 267. PDF: https://cases.justia.com/montana/supreme-court/da-12-0053.pdf?ts=1462390657. Relevant printed pp.2, 7–9/PDF indices 1, 6–8.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh complete public opinion PDF read and relevant pages visually inspected. Used for service voidness and excusable-neglect factors. Justia Law +3
Direct source URLs
https://cases.justia.com/montana/supreme-court/da-12-0053.pdf?ts=1462390657
S_MT-P13-S013 Saved research record

Perkins Family Holdings, LLC v. Tile Guys, LLC, 2023 MT. PDF: https://cases.justia.com/montana/supreme-court/2023-da-22-0159.pdf?ts=1674605217. Relevant printed pp.3, 6–8/PDF indices 2, 5–7.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh complete public opinion PDF read and relevant pages visually inspected. Used for clerk authority, void default judgment, and Rule 55 good-cause analysis. Justia Law +3
Direct source URLs
https://cases.justia.com/montana/supreme-court/2023-da-22-0159.pdf?ts=1674605217
S_MT-P13-S014 Saved research record

Bradley v. Yellowstone Trails Ranch, 2026 MT 112. PDF: https://cases.justia.com/montana/supreme-court/2026-da-25-0473.pdf?ts=1779829650. Relevant printed pp.6, 8–11/PDF indices 5, 7–10.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh complete public opinion PDF read and relevant pages visually inspected. Current appearance/default-notice authority; actual acknowledgment language was unusual and fact-specific. Justia Law +4
Direct source URLs
https://cases.justia.com/montana/supreme-court/2026-da-25-0473.pdf?ts=1779829650
S_MT-P13-S015 Saved research record

H & H Development, LLC v. Ramlow, 2012 MT 51, https://law.justia.com/cases/montana/supreme-court/2012/da-11-0236.html.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh full public opinion reproduction read. Used only for District Court entity representation and possible cure/relating back. Justia Law
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2012/da-11-0236.html
S_MT-P13-S016 Saved research record

HomeRiver Group v. Anders Business Solutions, LLC, 2025 MT 154N, https://law.justia.com/cases/montana/supreme-court/2025/da-24-0531.html.

Recorded check status: original judicial provenance unreopened with holds

Status and access limits
Fresh full public memorandum opinion read. Historical/current factual illustration only. Expressly noncitable and nonprecedential. Justia Law
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2025/da-24-0531.html
S_MT-P13-S017 Saved research record

Servicemembers Civil Relief Act, 50 U.S.C. §3931, U.S. House Office of Law Revision Counsel: https://uscode.house.gov/us/usc/119-124/t50/s3931/.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Text through Public Law 119-124, October 15, 2026. Used only for default safeguards. U.S. Code
Direct source URLs
https://uscode.house.gov/us/usc/119-124/t50/s3931/
S_MT-P13-S018 Saved research record

FDCPA venue, 15 U.S.C. §1692i: https://uscode.house.gov/us/usc/119-124/t15/s1692i/.

Recorded check status: selected fresh primary scope with holds

Status and access limits
Fresh direct official HTML read. Conditional on federal actor/debt coverage. U.S. Code
Direct source URLs
https://uscode.house.gov/us/usc/119-124/t15/s1692i/
S_MT-P13-S019 Saved research record

Federal removal statute, 28 U.S.C. §1441: https://uscode.house.gov/us/usc/119-124/t28/s1441/.

Recorded check status: one exact source access failure removal currentness held

Status and access limits
Fresh direct official HTML read. Used only for the narrow removal boundary; no complete removal dossier. U.S. Code
Direct source URLs
https://uscode.house.gov/us/usc/119-124/t28/s1441/

What was examined—and what is still missing

The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.

coverage-1 Saved research record

District Court subject-matter jurisdiction

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C001
Exact remaining evidence or next action
Apply actual claim and any exclusive specialized jurisdiction.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-2 Saved research record

Justice Court monetary jurisdiction

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C002
Exact remaining evidence or next action
Actual principal, requested damages, attorney fees, and counterclaims.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-3 Saved research record

City Court ordinary private jurisdiction

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in core
Claim IDs
C003
Exact remaining evidence or next action
Confirm the actual city’s court organization and local rules.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-4 Saved research record

Municipal Court ordinary private jurisdiction

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in core
Claim IDs
C003
Exact remaining evidence or next action
Confirm actual municipal court and local operating rules.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-5 Saved research record

Small Claims monetary limit

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C004
Exact remaining evidence or next action
Actual relief and property value.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-6 Saved research record

Small Claims county-service nexus

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C004
Exact remaining evidence or next action
Actual defendant location and service availability.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-7 Saved research record

Small Claims ordinary assignee

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered as barred
Claim IDs
C005
Exact remaining evidence or next action
Determine whether §27-1-718 exception actually applies.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-8 Saved research record

Small Claims annual filing cap

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered textually
Claim IDs
C005
Exact remaining evidence or next action
Actual claimant filing history held.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-9 Saved research record

Small Claims attorney use

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C006
Exact remaining evidence or next action
Whether all parties are represented.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-10 Saved research record

District real party in interest

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C058; source S005 Rule 17
Exact remaining evidence or next action
Actual assignment and ownership proof deferred.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-11 Saved research record

District entity representation

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C058
Exact remaining evidence or next action
Actual entity and counsel.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-12 Saved research record

Justice entity representation

Recorded check status: recorded; no individual primary acceptance inferred

Status
Partial
Claim IDs
C058
Exact remaining evidence or next action
Majority LLC ownership, articles, and statutory authority.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-13 Saved research record

District venue

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C007
Exact remaining evidence or next action
Residence, performance, and contract terms.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-14 Saved research record

Justice/City venue

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C008
Exact remaining evidence or next action
Residence, place of payment, and waiver timing.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-15 Saved research record

Small Claims venue

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C004, C008
Exact remaining evidence or next action
County service and Justice venue.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-16 Saved research record

Contractual forum clause

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded/partial
Claim IDs
C007–C009
Exact remaining evidence or next action
Actual clause, assent, public policy, and FDCPA overlay.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-17 Saved research record

FDCPA venue

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered conditionally
Claim IDs
C009
Exact remaining evidence or next action
Actor and consumer-debt coverage.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-18 Saved research record

Federal removal

Recorded check status: recorded; no individual primary acceptance inferred

Status
Bounded
Claim IDs
C010
Exact remaining evidence or next action
Full federal jurisdiction, timing, consent, and remand later.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-19 Saved research record

District commencement by filing

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C011
Exact remaining evidence or next action
Actual court-stamped filing.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-20 Saved research record

Summons issuance/content

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C014
Exact remaining evidence or next action
Actual issued summons.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-21 Saved research record

District process server eligibility

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C015
Exact remaining evidence or next action
Actual server identity.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-22 Saved research record

Adult personal service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C016
Exact remaining evidence or next action
Actual delivery and agency.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-23 Saved research record

Adult abode service

Recorded check status: recorded; no individual primary acceptance inferred

Status
No general District route identified
Claim IDs
C016
Exact remaining evidence or next action
Different statutory or court-ordered authority would be required.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-24 Saved research record

District mail acknowledgment

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C017
Exact remaining evidence or next action
Actual packet and signature.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-25 Saved research record

Certified mail as general service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Not established
Claim IDs
C017–C020
Exact remaining evidence or next action
Only specific statutory/Secretary routes.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-26 Saved research record

Minor service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in framework
Claim IDs
C018
Exact remaining evidence or next action
Age, guardian, residence, and actual delivery.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-27 Saved research record

Incompetent-person service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in framework
Claim IDs
C018
Exact remaining evidence or next action
Adjudication, guardian, and court orders.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-28 Saved research record

Entity service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in framework
Claim IDs
C018
Exact remaining evidence or next action
Entity type and recipient authority.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-29 Saved research record

Out-of-state personal service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Partial
Claim IDs
C018
Exact remaining evidence or next action
Jurisdiction, due diligence, and foreign service facts.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-30 Saved research record

Publication

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered narrowly
Claim IDs
C019
Exact remaining evidence or next action
Property/status predicate, diligence, publication, mailing.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-31 Saved research record

Alternative court-ordered service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved generally
Claim IDs
C020
Exact remaining evidence or next action
Specific statute/order authority required.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-32 Saved research record

Initial email or text service

Recorded check status: recorded; no individual primary acceptance inferred

Status
No general authority
Claim IDs
C020
Exact remaining evidence or next action
Consent to later service does not resolve initial service.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-33 Saved research record

Electronic filing

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered as filing workflow
Claim IDs
C021
Exact remaining evidence or next action
Local court enrollment and technical rules.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-34 Saved research record

Electronic later service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered conditionally
Claim IDs
C021
Exact remaining evidence or next action
Written consent or e-service rule.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-35 Saved research record

Actual notice versus service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C013
Exact remaining evidence or next action
Actual method and waiver/appearance.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-36 Saved research record

Proof of service

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in core
Claim IDs
C012–C018
Exact remaining evidence or next action
Actual certificate or affidavit.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-37 Saved research record

Two-year service statute

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered textually
Claim IDs
C027
Exact remaining evidence or next action
Conflict with Rule 4 remains.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-38 Saved research record

Three-year District rule

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered textually
Claim IDs
C027
Exact remaining evidence or next action
Conflict remains.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-39 Saved research record

Controlling conflict resolution

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claim IDs
C028
Exact remaining evidence or next action
Later Supreme Court or legislative action.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-40 Saved research record

Justice general terminal service period

Recorded check status: recorded; no individual primary acceptance inferred

Status
Partial
Claim IDs
C027
Exact remaining evidence or next action
§25-3-107 application not separately adjudicated here.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-41 Saved research record

Small Claims one-year reissuance

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C026
Exact remaining evidence or next action
Actual commencement and service efforts.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-42 Saved research record

District answer deadline

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C029
Exact remaining evidence or next action
Actual service date.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-43 Saved research record

District Rule 12 deadline alteration

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C030
Exact remaining evidence or next action
Actual motion and notice date.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-44 Saved research record

Waivable District defenses

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C031
Exact remaining evidence or next action
First responsive filing content.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-45 Saved research record

Justice answer deadline

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C032
Exact remaining evidence or next action
Actual service date.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-46 Saved research record

Justice late pleading before default

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C033
Exact remaining evidence or next action
Whether default already entered.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-47 Saved research record

Justice motion and extension

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C034
Exact remaining evidence or next action
Actual extension order or excusable neglect.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-48 Saved research record

Small Claims response

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C035–C036
Exact remaining evidence or next action
Hearing and removal dates.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-49 Saved research record

Negotiation as response

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered as insufficient
Claim IDs
C041
Exact remaining evidence or next action
Actual court filing controls.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-50 Saved research record

FDCPA/CRA dispute as response

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered as insufficient
Claim IDs
C041
Exact remaining evidence or next action
Independent court filing required.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-51 Saved research record

District day counting

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C037–C039
Exact remaining evidence or next action
Actual date and holidays.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-52 Saved research record

Justice day counting

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C040
Exact remaining evidence or next action
Actual trigger and mail method.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-53 Saved research record

Electronic-filing terminal time

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C038
Exact remaining evidence or next action
Court time zone and local technical availability.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-54 Saved research record

Clerk inaccessibility

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C037–C038
Exact remaining evidence or next action
Actual closure or outage.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-55 Saved research record

District entry of default

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C042
Exact remaining evidence or next action
Actual failure and affidavit.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-56 Saved research record

District sum certain

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in principle
Claim IDs
C043
Exact remaining evidence or next action
Actual ledger, contract, fees, and arithmetic.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-57 Saved research record

Unliquidated/default proof

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C044
Exact remaining evidence or next action
Actual evidence and hearing.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-58 Saved research record

Appearance notice

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C045
Exact remaining evidence or next action
Actual filing, acknowledgment, or conduct.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-59 Saved research record

Relief limited by demand

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C046
Exact remaining evidence or next action
Actual complaint.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-60 Saved research record

Servicemember default

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered federally
Claim IDs
C047
Exact remaining evidence or next action
Actual military-status search and affidavit.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-61 Saved research record

Entry-default set-aside

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C048
Exact remaining evidence or next action
Actual willfulness, prejudice, and defense.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-62 Saved research record

Final judgment Rule 60

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C049–C052
Exact remaining evidence or next action
Actual ground, timing, and evidence.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-63 Saved research record

Void judgment

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in principle
Claim IDs
C051
Exact remaining evidence or next action
Actual jurisdiction/service record.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-64 Saved research record

Excusable neglect

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in framework
Claim IDs
C050
Exact remaining evidence or next action
Diligence, excuse, injury, defense.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-65 Saved research record

Judgment-enforcement waiting period

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered only as boundary
Claim IDs
C053
Exact remaining evidence or next action
Full writ, lien, and garnishment procedure excluded.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-66 Saved research record

Justice default

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C054
Exact remaining evidence or next action
Actual written motion and sum.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-67 Saved research record

Justice set-aside

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered in rule
Claim IDs
C055
Exact remaining evidence or next action
Actual affidavit and 30-day timing.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-68 Saved research record

Justice void judgment procedure

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claim IDs
C055–C056
Exact remaining evidence or next action
Controlling jurisdictional authority required.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-69 Saved research record

Justice default appeal

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered narrowly
Claim IDs
C056
Exact remaining evidence or next action
Actual facial error or abuse.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-70 Saved research record

Small Claims default

Recorded check status: recorded; no individual primary acceptance inferred

Status
Partial
Claim IDs
C035, C057
Exact remaining evidence or next action
Express warning established; separate judgment process held.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-71 Saved research record

Small Claims vacatur

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claim IDs
C057
Exact remaining evidence or next action
Current direct cross-reference or case required.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-72 Saved research record

Small Claims appeal

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered for ordinary judgment
Claim IDs
Source S003 §25-35-803
Exact remaining evidence or next action
Default-specific interaction remains held.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-73 Saved research record

Current official form route

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C061
Exact remaining evidence or next action
Individual DOC/DOCX versions not authenticated.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-74 Saved research record

Current statutory filing fees

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C059
Exact remaining evidence or next action
Local service and technology fees separate.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-75 Saved research record

Fee waiver

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claim IDs
C060
Exact remaining evidence or next action
Actual affidavit and judicial decision.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-76 Saved research record

Full assignment proof/standing

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Dedicated evidence/standing pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-77 Saved research record

Contract validity/interest/fees

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Substantive debt pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-78 Saved research record

Arbitration

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Separate arbitration dossier.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-79 Saved research record

Full discovery/evidence/hearsay

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Evidence pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-80 Saved research record

Appeal procedure

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded except narrow default/small-claims boundaries
Claim IDs
C056–C057
Exact remaining evidence or next action
Complete appeal pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-81 Saved research record

Postjudgment interest/lien/renewal

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Separate judgment-duration pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-82 Saved research record

Garnishment and exemptions

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Separate enforcement pass.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-83 Saved research record

Local and tribal rules

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded
Claim IDs
—
Exact remaining evidence or next action
Court- and jurisdiction-specific investigation.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00
coverage-84 Saved research record

Actual case deadline

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claim IDs
All timing claims
Exact remaining evidence or next action
Requires filed documents, court, service, orders, appearance, and local rules.

Recorded coordinator check boundaries

coordinator acceptance
whole_saved_component_scoped_review_with_eight_bounded_corrections_and_all_remaining_holds
coordinator reviewed at
2026-10-29T03:16:41.428897+00:00

Corrections, review and scope

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

S_MT-P13-Q001

Preserve District process-server over-age-18 wording

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q002

District mail acknowledgment needs its express recipient exclusions

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q003

Rule 60 procedure needs its incorporated format and ruling clocks

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q004

Qualify the financial-statement requirement and fee-waiver branches

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q005

Grouped source cells need full literal URLs for materially relied-on provisions

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q006

Three coverage rows need correctly linked atomic claims

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q007

Additional Justice/City performance venue needs the rule’s residence predicate

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

S_MT-P13-Q008

Separate Rule 5 written consent from Rule 16 signed filed stipulation

Disposition: correction queued; no replacement research was generated for this website. Use the exact recorded limits.

Recorded review disposition

eight bounded predicate procedure locator traceability findings pending UNSENT

Other components in this research series

S_MTpass-01

SMT Montana provider market access and consumer fees

Inside: A. Substantive findings · 1. Classification and market access · 2. Consumer fees

6 tables30 claim records16 source recordsScoped review · limits applyCaptured 2026-10-25
S_MTpass-02

SMT Focused precision correction and current-rule/scope addendum

Inside: A. Exact federal replacements and corrected source labels · 1. Replacement for PASS-01 paragraph 5 and claim C025 · 2. Replacement qualification for C026 — dedicated accounts

4 tables13 claim records15 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-03

SMT Minimal provenance correction

Inside:

1 tables0 claim records0 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-04

SMT Montana consumer-money custody, trust-account, and refund architecture

Inside: Core determination · 1. Custody entry point and hybrid arrangements · Part 20 custody

6 tables31 claim records7 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-05

SMT Montana bond, insurance, and alternative-security component

Inside: Executive findings · 1. Covered models and security triggers · Part 20 — debt management and covered credit counseling

5 tables30 claim records12 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-06

SMT Montana mandatory agreement, disclosure, and execution component

Inside: Core conclusions · Part 20 custodial DMP · Part 21 noncustodial settlement

6 tables36 claim records11 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-07

SMT Montana Part 20/Part 21 provider enforcement, private remedies, voidness, fee return, and remedy-specific limitations

Inside: Executive conclusions · Administrative licensing discipline · A2. Part 21 remains the noncustodial settlement branch

7 tables45 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-08

SMT Montana collection-agency/debt-buyer licensing, original-creditor coverage, and state-specific collection conduct

Inside: I. Executive determination · 1. No general standalone Montana “collection agency” license was identified · 2. The central Montana licensing trigger is the debt’s legal origin and the collector’s activity

5 tables54 claim records26 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-09

SMT Montana prelitigation debt validation, disputes, and consumer access to account documentation

Inside: 1. Montana does not present one universal debt-validation regime · 2. Montana Consumer Loan Act records and consumer-facing information · A. Payment receipts

6 tables52 claim records23 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-10

SMT Montana ordinary consumer-debt credit reporting, furnishing, and dispute overlays

Inside: I. Bottom-line findings · 2. Montana CRA accuracy and compliance duties · 3. Montana file access

8 tables53 claim records23 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-11

SMT Montana ordinary unsecured consumer-debt limitation, accrual, choice-of-law, tolling, and revival

Inside: I. Executive conclusions · Classification rule · 1. General accrual

7 tables54 claim records25 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-12

SMT Bounded Example 3 correction

Inside: Correction summary · Exact replacement text for PASS-04 Example 3 · Example 3 — Receipt before a valid signed DMP

4 tables1 claim records0 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-14

SMT Two bounded agreement qualifications

Inside: A. Correction summary · Exact replacement for the PASS-06 E-SIGN paragraph · Conditional E-SIGN and Montana-UETA relationship

6 tables4 claim records5 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-15

SMT Montana ordinary consumer-debt lawsuit standing, assignment chain, debt proof, account/instrument records, and evidence

Inside: I. Executive findings · A. Real party versus subject-matter jurisdiction · B. Cure, ratification, joinder, and substitution

11 tables54 claim records21 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-16

SMT Montana ordinary consumer-debt arbitration, delegation, judicial gateway, and related waiver

Inside: I. Executive findings · A. Actor matrix · B. Assignment boundary

11 tables62 claim records32 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-17

SMT Montana ordinary consumer-debt arbitration award-to-judgment confirmation, vacatur, modification/correction, appeal, and stay boundaries

Inside: I. Core determinations · A. Montana statutory award requirements · B. Current AAA Consumer Rules—conditional only

15 tables60 claim records20 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-18

SMT Montana ordinary consumer-debt court-judgment interest, duration, renewal, satisfaction, and judgment-lien release

Inside: I. Core conclusions · A. Prejudgment versus postjudgment interest · B. Montana default postjudgment formula

10 tables56 claim records18 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-19

SMT Bounded corrections and qualifications to

Inside: Correction determination · Exact replacement for PASS-07 Example 1 · Exact replacement for PASS-07 Example 2

11 tables17 claim records11 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-20

SMT Bounded public-enforcement procedure, attorney-fee, and crosslink corrections

Inside: Correction summary · Civil investigative demand and challenge procedure · Conditional CID workflow

9 tables14 claim records12 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-21

SMT Montana ordinary unsecured consumer-debt wage garnishment and earnings exemptions/procedure

Inside: I. Core determinations · A. Statutory definitions · B. Required versus voluntary payroll deductions

15 tables61 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-22

SMT Montana ordinary unsecured consumer-debt bank-account garnishment, deposit/benefit exemptions, and tracing

Inside: I. Core determinations · II. Court, actor, and account-route matrix · III. Montana ordinary bank-levy workflow

13 tables65 claim records22 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-23

SMT Montana ordinary unsecured consumer-money-judgment nonwage, nonbank personal-property execution, exemptions, and debtor procedure

Inside: I. Core determinations · A. Current amount and category matrix · B. Exemption stacking rules

12 tables58 claim records18 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-24

SMT Montana ordinary unsecured consumer-money-judgment real-estate execution and homestead

Inside: I. Core determinations · A. General seizure/exemption notice · B. General exemption request

6 tables68 claim records20 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-26

SMT Bounded precision and source corrections to

Inside: Effect on the original PASS-21 · 1(a). Replacement for P21 VI.A notice-content paragraph · Statutory officer notice

5 tables16 claim records17 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-27

SMT Bounded precision and source corrections to

Inside: I. Effect on the original PASS-22 · A. Exact replacement for PASS-22 core finding 5 and debtor-notice content · Montana officer notice after execution

9 tables22 claim records15 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-28

SMT Bounded precision and completeness corrections to

Inside: Replacement for PASS-23 VI.A · Debtor notice after execution · Notice claim-cell effect

12 tables18 claim records20 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-29

SMT Bounded procedure, redemption, and source/render corrections to

Inside: A. Replacement for PASS-24 core finding 23, Matrix V step 5, VII.C, C038, and Example 7 · Service of the homestead appraisal petition · Service-method hold

10 tables16 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-30

SMT Bounded provenance, mail-method, claim-mapping, and display corrections to

Inside: I. Effect on original PASS-27 · Montana notification of seizure — §25-13-211 · Unchanged §25-13-212 conditions

7 tables8 claim records7 source recordsScoped review · limits applyCaptured 2026-10-26
Record integrity

Original saved Markdown SHA-256: 27c4ca660365b2a6c4c7aff1f4415097343aaf25095adfeda082806dacf7068d. Public formatting, private-reference removal and correction annotations are separate from that immutable original.

Get debt settlement help