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Montana Small Claims Division Order for Removal to Justice Court

State:
Montana
Control #:
MT-KL-393-05
Format:
PDF
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A05 Small Claims Division Order for Removal to Justice Court

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FAQ

Prepare your case in writing before your court date. Come into court in neat, clean clothes; always be respectful to the judge and call him "Your Honor." Be prepared to tell the judge why you should win. The plaintiff will have already told his or her story. USE YOUR RIGHT OF CROSS-EXAMINATION.

To recover a security deposit. To recover unpaid rent after a tenant vacates a property. To recover for medical bills after an injury accident. To recover money spent to repair or replace damaged or destroyed personal property. To recover a relatively small, unpaid debt.

If the court does not receive any documents from you or the defendant, nine months after the statement of claim was filed, the court will dismiss your claim and your case will be closed. If you still want to recover money from the defendant you will need to start a new case and pay the court fees again.

Use Form N279 to discontinue all or part of a claim or counterclaim. Send the completed form to the court and all other parties in the case.

For example, if you are owed money for wages, the Alberta Employment Standards Office may be able to help you. The amount of money you are asking for determines which Court to bring your action in. In the Small Claims Court, your claim must be for $25,000 or less.

Try to Reach a Settlement Without Going to Court. Raise Technical (Procedural) Issues. Prepare Your Case and Defend Yourself. File a Counterclaim, Cross-Claim, or Joinder of Additional Parties. Propose Making Installment Payments. Do Nothing.

Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.

Prepare your case in writing before your court date. Come into court in neat, clean clothes; always be respectful to the judge and call him "Your Honor." Be prepared to tell the judge why you should win. The plaintiff will have already told his or her story. USE YOUR RIGHT OF CROSS-EXAMINATION.

If the court eventually decides you owe the money a court order or county court judgement (CCJ) will be made against you. You should pay this as soon as possible. Otherwise the other party can send bailiffs round to take your possessions away you'll have to pay the costs of this so your debt will get bigger.

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Montana Small Claims Division Order for Removal to Justice Court