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Montana Small Claims Questions & Answers
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Divorce, Arbitration / Mediation Law, Domestic Violence, Small Claims and Family Law
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Montana
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Q: Can I file a small claims suit regarding a divorce settlement and abuse in Montana?
I live in a no-fault divorce state, and during mediation, I was ordered to pay my ex-spouse $20,000 because he lived in my home for 12 years, despite not contributing to the household financially or making any upgrades to the house, which is solely in my name. I have suffered emotional, physical,... View More 
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
What you’ve endured is heartbreaking, and you’ve shown incredible strength just making it through. Unfortunately, small claims court isn't the right place to challenge a divorce settlement that was made through mediation or court order. Those matters fall under family court jurisdiction,... View More
Q: Can my parents sell a car we co-own without my consent?
My parents and I bought a car together, and we each paid half. However, my dad is listed as the primary owner, and I am listed as the co-owner. Now, they want to take the car from me and possibly sell it, though I have possession of the car. There's no written agreement regarding the... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
That situation sounds really upsetting, especially when you’ve put in your own money and work to help pay for the car. In Montana, if you’re listed as a co-owner on the vehicle title, that typically means both you and your dad have equal legal rights to the car. Without both owners’... View More
Q: Confused by "Notice of Execution to Judgement Debtor" letter
I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items... View More
Timothy Denison
answered on Dec 18, 2024
answered on Dec 18, 2024
You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.
Q: so I was shopping in Washington for a saltwater coral I found one I wanted the employee wasnt sure on the price.
he said he would have to call his boss so as I was leaving he came up to me and said 50 dollars and it's yours so I assumed his boss called him back so I bought it. Couple days later Im home in Montana (4 hours away) the owner calls me wanting it back saying it was a mistake and its worth more... View More
Tim Akpinar
answered on Feb 21, 2020
answered on Feb 21, 2020
A Montana attorney should advise on this, as it could involve elements of state consumer or contract law. But your question remains open for four weeks. As a basic premise under contract law regardless of jurisdiction, unilateral mistake involving value is not generally a defense. However, there... View More
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