How to Answer a Summons for Debt Collection in Montana

You have 21 days to respond to a debt lawsuit in Montana. You must draft and file a written Answer. You’ll also need to pay the filing fee, which ranges from $30-$70. In your Answer, address each claim against you. Assert your affirmative defenses.

Facing a debt collection lawsuit in Montana can feel overwhelming. You might even feel scared. But you have options. You can respond effectively to the debt collector’s legal action.

A summons for debt collection is a formal legal action. A plaintiff files it against you. The plaintiff could be a debt collection agency or creditor. They allege you failed to pay a particular account. They claim an unpaid debt remains.

Ignoring the summons is one of the worst things you can do. You might hope the matter just disappears. But this is a terrible course of action. If you fail to answer, you guarantee the debt collector will win. They’ll file a motion for default judgment. A court will likely grant it.

Filing an Answer offers you the opportunity to respond. You can highlight any errors in the complaint. You can point out oversights or problems. If you don’t owe the debt claimed, answering gives you a chance to argue your defense. You can bring this issue to the court’s attention. Responding also gives you a chance to file a counterclaim.

Keep reading for tips on responding to a Montana debt collection summons. We’ll cover deadlines, fees, forms, and more.

Montana Deadline for Answering a Debt Collection Summons

In Montana, you have 21 days to respond after being served. If the deadline falls on a holiday or weekend, it shifts to the next business day. These days vary depending on whether your hearing occurs in small claims court or district court.

If your debt is $7,000 or less, your case will likely be heard in Montana small claims court. Cases typically go through the justice court. For debts ranging between $7,000 and $25,000, the case will be heard in Montana district courts.

Check the summons to find out how long you have to file an Answer. The summons and complaint will contain details about the plaintiff. You’ll see their demands. You’ll see the amount you allegedly owe.

Montana Rules of Civil Procedure, Rule 12 outlines this information:

“Within 21 days after service of this summons on you or (42 days if you are the State of Montana, a state agency, or a state officer or employee), you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Montana Rules of Civil Procedure.”

Missing the deadline will prompt the plaintiff to file for a default judgment. A default judgment renders any of your efforts at winning the case fruitless. When this happens, the court may decide to:

• Levy your bank accounts
• Garnish your wages
• Auction your assets

Even if you reach out to the creditor outside court, you’ll still need to file your Answer. You must submit it with the court clerk. Our partner Solo offers a simple way to file an Answer quickly.

Use a Montana Answer to Summons Form

You can download the Answer form from the Montana Judicial Branch website. The document requires you to fill in personal information. You’ll need your name, contact information, and location.

Filing an Answer with the court requires you to pay a legal fee. But if you cannot afford the payment, you may apply for a waiver. You must fill out a ‘Statement of Inability to Pay’ form. Mail it to the court clerk before the deadline. You can download the form from the Montana courts website.

The court will evaluate your application. They will decide whether to waive the fee. After the court waives the payment, you can then file your written Answer.

A counterclaim is another way to answer a debt collection lawsuit in Montana. A counterclaim challenges the claims made by the plaintiff. Use this if you believe the case against you is false. You also need to notify the plaintiff about the counterclaim.

Counterclaims usually involve many legal tussles. You may need legal advice to determine if it’s your best option. To file a countersuit, download and fill a counterclaim form from Montana’s judicial branch website.

Pay the Answer Filing Fee in Montana

Montana courts charge a fee to file an Answer to a summons. For cases in the justice courts, the Answer filing fee is $30. For cases in Montana district courts, the fee is $70.

Steps to Respond to a Debt Collection Case in Montana

Even if the claims are untrue, you must respond with a written Answer. Be sure to also send a copy of this Answer to the plaintiff. Send it directly or through their attorney.

Follow these steps when responding to a debt collection lawsuit:

1. Draft Your Answer

The Montana Judicial Branch website has a sample answer document. You can use it to fill in the required details. A satisfactory answer document should contain:

• Your information, such as name, contacts, address, county, and city
• Information on the plaintiff and the legal company representing them
• Court details, such as name, location, and address
• Case details, which include the case number and docket
• Whether you deny or admit the claims made by the plaintiff

Answer Each Issue of the Complaint

Provide answers for every claim made by the creditor in the complaint. Study the Complaint carefully. Identify each claim. Address the issues in each paragraph.

You have three ways to respond to the claims:

• Admit: List all the paragraphs with factual claims. You can write, “these paragraphs in the Complaint are true,” then list them down.
• Deny: Highlight all the false allegations. You can say, “these paragraphs in the Complaint are false,” then write them down. If you are unsure about information, feel free to deny it. Failure to deny a claim is considered an admission of responsibility.
• Admit and deny: Some paragraphs will have true allegations. Some may be questionable or completely untrue. You may write, “all sections of this paragraph are true except this part.” You can also say, “all accusations in this paragraph are false except this part.” Then list the sections in question.

2. Assert Affirmative Defenses

After accepting or refuting the claims, give reasons to convince the judge. These reasons are known as affirmative defenses. Assert affirmative defenses only if you can prove them in court.

Asserting affirmative defenses you cannot prove increases your chances of losing. Here are some common affirmative defenses. Select the one that applies to your specific situation:

• You are not the debtor: Debt collectors sometimes sue the wrong person. This error may result from identity theft or incorrect record-keeping. If you can prove you are not the debtor, you may win the lawsuit.
• Wrong amount of debt: If the debt amount is incorrect, you can use it as an affirmative defense.
• Unidentified creditor: Debt collection agencies buy debts from creditors. If you can prove you don’t have any relationship with the plaintiff, the judge can rule in your favor.
• Breach of contract: The creditor may have breached your contract terms. You can tell the court you cannot pay for a terminated contract. You must present evidence that the agreement was officially closed.
• Already litigated case: If the case is pending in another court, this could be a great defense. If judgment for the same subject was already passed, this works too. You need to indicate the case number and the court involved.
• You already filed for bankruptcy: If you filed for bankruptcy and the case is in trial, you may be exempted. If the court has declared you bankrupt, you’ll be exempted from paying the debt.
• Statute of limitations invalidates the case: The statute of limitations sets the time during which a creditor can legally sue you. After the period has elapsed, the creditor cannot collect through legal process. In Montana, the statute of limitations for debt collection cases is typically eight years. If a plaintiff sues you after the statute expires, you could use this as an affirmative defense. You’ll likely get the case dismissed.
• Military exemption: If you are actively serving in the military or just retired, you can ask the court for a stay. A stay halts the case. It gives you more time before trial. It does not remove the lawsuit. It provides you with more time to pay the debt.

3. File the Answer With the Court and Serve the Plaintiff

Mail the Answer to the court. Some courts accept in-person delivery through the office of the court clerk. Send a copy of the Answer to the plaintiff directly or through their attorney.

Debt collection laws are quite complicated. You may not know how to file your Answer correctly. Our partner Solo offers a better alternative. The web application helps you file your Answer in easy steps. An attorney reviews it before being sent to the plaintiff and court.

Statute of Limitations on Debt Collection in Montana

The statute of limitations on debt refers to how long a creditor can legally sue you. Once this time has elapsed, the creditor can still use other ways to seek payment. But they cannot take you to court.

The statute of limitations on debt in Montana is eight years. This applies to debts related to credit cards. It applies to medical, student loans, auto loans, and mortgages. It applies to other types of personal loans. Mont. Code § 27-2-202 outlines this.

Oral liabilities and obligations have a 3-year or 5-year statute of limitations in Montana.

If a collector or creditor has sued you and won a judgment, they have ten years from the time of judgment. Montana’s statute of limitations on judgments is ten years. Mont. Code § 27-2-201 outlines this. This statute applies to judgments of decrees in a court in any state.

Statute of Limitations on Debt in Montana

Another thing to note: once you start partial payments on a debt, the statute of limitations begins again. Having an old debt does not mean the debt collector cannot pursue it. It only means they no longer have legal grounds to sue. They may file a lawsuit still. It’s up to you to bring up the fact that the debt is past the statute of limitations in court.

Other Montana Debt Collection Laws Protect You

Aside from the statute of limitations, Montana has other debt collection laws. These laws prevent unfair collection practices.

No matter what state you live in, dealing with debt collectors is stressful. Some of these collectors will try to trample your rights. They want to get you to pay. The best way to defend yourself is to understand Montana debt collection laws. Know your rights as a consumer.

The Montana Consumer Protection Act (MCPA) is very similar to federal laws. These federal laws protect consumers from unfair or deceptive debt collectors. The federal laws are the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).

The wording of these two laws is cryptic. Here’s an overview of some of the main protections each one offers.

The FDCPA aims to protect you from predatory, deceptive, or abusive debt collectors. It includes these provisions:

• Collectors may not call before 8 a.m. or after 9 p.m.
• They may not use inappropriate or abusive language when trying to collect
• They must announce themselves as a debt collector
• They may not pretend to be attorneys or law enforcement officers
• They may not pursue you for a debt you don’t owe
• They may not discuss your debt with other people

The FCRA helps protect you from having your credit damaged by inaccurate information:

• Collectors must inform credit bureaus if an item on your credit report is being actively disputed
• They must have policies in place to ensure they are reporting debt owed by the right person
• They must have established procedures to help avoid duplicate reporting
• They may not report information they’ve been told is inaccurate

If you suspect that your rights have been violated, hold creditors accountable. You can report FDCPA or FCRA violations to the Consumer Financial Protection Bureau (CFPB). If you have actual damages related to abuse by a debt collector, consult with a consumer protection attorney. If you have damages from incorrect credit reporting, an attorney may help.

Check the Status of Your Montana Court Case

Lots of people think court cases work like they do on TV. They think there’s a single meeting in the courtroom. Then everything is resolved. Unfortunately, most court cases are complex and drawn out. They involve multiple hearings, filing deadlines, and other important events.

When you’re being sued for a debt, missing even one deadline can result in a default judgment. That means a creditor can garnish your wages. They can seize and sell your property. They can even take money straight out of your bank account. The best way to stay on track with your case is to monitor it regularly.

To check your Montana court case status, you need your case number. Unless you have a case in Montana’s Supreme Court, you can’t look up your case number online. You’ll need to find your court’s location. Visit the clerk. Ask them to look up your case. Request that they print off the most relevant documents.

Montana Legal Aid Organizations

When the court serves you with summons and complaint papers, you have choices. You can choose to represent yourself. You can consult an attorney. The latter helps you make informed choices.

With legal help, you can answer the summons confidently. It also raises your chance of winning the lawsuit.

If you cannot afford paid legal services, government and non-profit organizations offer free services. You can find these pro bono legal aids across several counties in the state.

Here is a list of some great legal aid organizations in Montana:

• Montana Legal Services Association
• Cascade County Pro Bono program
• Fifth Judicial district Pro Bono program
• Northwest Area bar Association Pro Bono program
• Western Montana Bar Association Pro Bono program
• Pro Bono Volunteer Attorney Program

Find Debt Relief in Montana

Aside from legal aid organizations, Montana also offers debt relief programs. These help residents who are struggling financially.

If you’re having trouble paying off debt, you’re far from alone. Montana debt relief programs might make it easier to pay your debt down. These programs don’t pay off debt directly. They provide financial assistance with other aspects of life. With that help, you’ll have more funds freed up to pay toward debt:

• Wheels for Work: Provides rides to work for low-income Yellowstone County residents.
• Assets for Independence (AFI): Offers matched savings accounts to help low-income people achieve financial stability.
• Low Income Home Energy Assistance Program (LIHEAP): Offers help with utility payments during winter.
• Home Investment Partnerships Program (HOME): Supports the creation of affordable housing for low-income residents.
• Volunteer Income Tax Assistance (VITA): Offers free tax prep for lower-income households.

Finding the right kind of support can be a great way to get out of debt faster. Keep in mind that programs claiming to erase large amounts of debt are often scams.

It’s easy to feel desperate for relief when you’re crushed by debt. Some unethical companies take advantage of that emotion. They try to trap people in their scams. Don’t be fooled.

Settle Debt in Montana

If you’ve been sued for a debt in Montana, you might think you’re stuck in the lawsuit. You’re not. In most cases, settling out of court benefits both parties. It benefits the plaintiff (the company suing you) and the defendant (you). Litigation is expensive. Many debt collectors retain expensive attorneys to represent them in court. If you offer to settle the debt for less than you owe, the collector might still save money. These companies typically buy debt for pennies on the dollar. Even if you pay less than you owe, they’ll make a profit.

Offering to settle is a smart move for you too. You’ll pay less. If you let a lawsuit go to its conclusion, there are two possible outcomes. Either you win and pay nothing. Or you lose and the court issues a judgment against you.

A judgment makes it possible for the debt collector to use extreme methods. They can collect your debt. The company can sell your property. They can garnish your wages. They can remove a certain amount of money from your bank account.

Unless you think you’ll certainly win your case, offering to settle is smart. For example, you might have concrete proof that you don’t owe the debt. We’ve divided the process to settle debt in Montana into three steps:

• Reply to a Complaint and Summons with an Answer letter
• Examine your finances and come up with a reasonable settlement offer
• Negotiate with the collector and get the final agreement in writing

1. Reply to a Lawsuit

If a debt collector or creditor sues you, you will get two documents. The Summons informs you that you’re being sued. The Complaint details the allegations against you.

You must respond quickly. Montana gives you just 21 days to respond to a lawsuit. This timeline starts once you’ve been served or otherwise received notice. If you miss this deadline, you might have a default judgment issued against you.

Your Answer letter gives you a chance to respond to the lawsuit. You acknowledge that you know you’re being sued. You raise potential defenses. You point out reasons why you don’t owe the debt. More importantly, it keeps the case going so you can attempt to settle.

There’s a lot at stake when it comes to sending an Answer. Even small errors can result in a missed deadline. Our partner Solo can help. They’ll format your Answer. They’ll make sure to send it where it needs to go.

2. Make an Offer to Settle

Before you start negotiating, take time to figure out what you can reasonably pay. Most creditors and debt collectors will respond to your initial settlement offer with a counteroffer. It may help to have a range you would be comfortable paying.

Your offer should be reasonable. Don’t try to settle a $5,000 debt for $200. We often suggest starting negotiations by offering to pay 60% of the debt. But if your income is very low and you have few assets, a creditor might accept a lower offer.

3. Negotiate With the Collector

Negotiation for a debt settlement is like haggling over a price at a market. If you wish, you can call or email the other party. You can negotiate directly.

There’s an easier way. When you use settlement negotiation services, they deal with the collector or creditor for you. Once you agree on an amount, they’ll facilitate payment. The debt ordeal will be over.

Whether you use a service or choose to negotiate yourself, get a copy of your settlement agreement in writing. Make sure that in the agreement, the creditor states they will not continue pursuing collection actions against you.

Stop Wage Garnishment in Montana

If you’ve already done research on debt lawsuits, you know advice articles tell you to avoid getting a court judgment. But what if it’s already happened?

Having your wages garnished may be putting strain on your finances. But you could have some recourse. Even if you can’t stop Montana wage garnishment entirely, you might be able to have the amount reduced. Here are a few strategies for doing so.

File for Exemptions

Montana Code 25-13-614 limits the amount of your wages that can be garnished. This law protects you. It ensures a creditor can’t take away so much that you can’t afford basic living expenses.

The law limits the amount that wages can be garnished to either (1) the amount you have left over after accounting for 30 hours of work at minimum wage or (2) 25% of your disposable weekly income. It’s whichever of the two is lesser.

The phrase “disposable income” is somewhat deceptive. It means whatever money you have left after taxes. However, some types of income will typically be exempt from garnishment. Here are a few of them:

• Child support and spousal support
• Crime victim compensation
• Pension and retirement benefits for public employees
• Social Security income
• Disability benefits
• Veterans’ benefits

If you have these types of income, make sure you file for exemption with the appropriate court.

Pay Off the Debt or Negotiate a Payment Plan

If your judgment isn’t for a huge amount of money, it might be best to pay it in full. Getting the money together can be stressful. But then you won’t have to stress over ongoing garnishments.

Alternatively, you could try asking the creditor for a payment plan. It isn’t likely that they’ll accept. If a creditor had to have a judgment issued to collect, they might worry you will default. They may not trust a payment plan that doesn’t involve direct wage garnishment.

Still, if a payment plan would fit into your budget, it’s worth asking. The worst the creditor can do is turn you down.

Apply for Bankruptcy

Bankruptcy is not the answer for everyone. However, bankruptcy eliminates most unsecured debts. It may be a good option for those with a lot of credit card debt.

Chapter 7 bankruptcy eliminates far more debt than Chapter 13 does. But to qualify for Chapter 7, you must have a sufficiently low income.

Bankruptcy laws can be very complex. It’s best to work with a bankruptcy attorney if you’re considering this option. Some bankruptcy attorneys even offer free consultations. They can help you decide whether this is the right step for you.

File an Answer in Your Local Montana Court

Find your local court below to start the process. You can draft and file an Answer into your Montana debt collection case:

• In the Justice Court of Record, Civil Division, Yellowstone County, Montana
• In the District Court of Record, Civil Division, Hill County, Montana
• In Justice Court of Record, Civil Division, Missoula County, Montana
• In Justice Court, Civil Division, Glacier County, Montana
• In the Justice Court of Record, Civil Division, Ravalli County, State of Montana
• In the Justice Court, Civil Division, Sanders County, Montana
• In the Justice Court of Record, Civil Division, Cascade County, Montana
• In the Justice Court, Civil Division, Powder River County, Montana
• In the District Court of the Eighteenth Judicial District, Civil Division: Gallatin County, Montana
• In the Justice Court of Record, Civil Division, County of Gallatin, Montana
• In the Eighth Judicial District Court of Record, Civil Division, Cascade County, Montana
• In the Fourteenth Judicial District Court, Civil Division, Wheatland County, Montana
• In the Justice Court of Record, Civil Division, Dawson County, Montana
• In the Justice Court of Record, Civil Division, Deerlodge County, Montana
• In the Justice Court of Record, Civil Division, Silver Bow County, Montana
• In the Justice Court of Record, Civil Division Carbon County, Montana
• In the Justice Court of Record, Civil Division, Beaverhead County, Montana
• In the Third District Court of Record, Civil Division, Powell County, Montana
• In the Fourth Judicial District Court Missoula County, Montana
• In the Justice Court Custer County Courthouse, Montana
• In the District Court of the Fourth Judical District of the State of Montana in and the County of Mineral
• In the Justice Court of Fort Benton, Chouteau County, Montana
• Montana Twenty First Judicial District Court Ravalli County
• In the District Court of the Fifteenth Judicial District of the State of Montana in and for the County of Sheridan
• In the Justice Court of Record, Fallon County, Montana
• In the District Court of the Judicial District of the State of Montana in and for the County of Judith Basin
• In the Justice Court, Civil Division, Flathead County, Montana
• In the Justice Court of Pondera County, Montana
• In the Twentieth Judicial District Court, Lake County, Montana
• In the Justice Court of Record, Civil Division, Lewis and Clark County, Montana
• In the Justice Court of Judith Basin County, Justice of the Peace, State of Montana
• In the District Court of the Eleventh Judicial District Flathead County, Montana
• In the Justice Court Valley County, Montana
• In the District Court of the Thirteenth Judicial District, Yellowstone County, Montana
• Montana Twenty Second Judicial District Court, Stillwater County
• In the Justice Court, Civil Division Jefferson County, Montana