Sued by a debt collector in Montana

Your deadline to answer a debt lawsuit in Montana, what happens if you don't, old debts as a defense, and the steps to take now.

Short answer

Check your court papers for the deadline. The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20). If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts. Too old? Montana allows 6 years to sue on a written contract, and an older debt can be a defense.

Time to answer
Date on the summons
Time limit to sue (written contract)
6 years
Court self-help
Official page

How long you have to answer in Montana

Time to answer
The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20). Justice court deadlines can differ, so read your summons.
Court self-help
Montana court self-help (official)

In our 48 state guides, the time to answer runs from about 14 to 30 days; in Montana, the rule above and your summons decide.

In nearby states

What a default means in Montana

If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts.

Good to know before court in Montana

  • Montana cut its time limit for written contracts from 8 to 6 years for lawsuits filed on or after Oct. 1, 2025 (SB 143, 2025; Mont. Code Ann. § 27-2-202(1)).
  • In Montana a small payment or a signed written acknowledgment can restart the time limit to sue (Mont. Code Ann. § 27-2-409).
  • SB 143 (2025), Chapter 174, Laws of 2025, shortened the time limit for lawsuits on a written contract or other written instrument from 8 years to 6 years.
  • It applies to lawsuits filed on or after October 1, 2025 (Mont. Code Ann. § 27-2-202(1)).

Old debts as a defense in Montana

Montana's time limit to sue is 6 years for written contracts and 5 years for open accounts (Mont. Code Ann. § 27-2-202(1) (6 years, written instrument, for lawsuits filed on or after Oct. 1, 2025; it was 8 years before), (2) (5 years, unwritten contract or account); § 27-2-409; SB 143 (2025), Ch. 174, L. 2025). Be careful before you pay on an old debt in Montana: A part payment (of principal or interest), or an acknowledgment of the debt in a writing you sign, starts the time limit over (Mont. Code Ann. § 27-2-409). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Check Montana's statute of limitations

What can be taken if you lose in Montana

  • Wage limit: Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.
  • Property: Your home is protected up to the homestead limit: $350,000 in 2021, rising 4% each calendar year, with the exact figure set by Department of Revenue rule (Mont. Code Ann. § 70-32-104).

Montana's garnishment rules

Your claims against the collector in Montana

Use the federal FDCPA (actual damages, up to $1,000 extra, and attorney's fees) for third-party collectors. Montana's general consumer protection law (Unfair Trade Practices and Consumer Protection Act, Mont. Code Ann. Title 30, ch. 14, part 1) may also apply.

Steps after a debt lawsuit in Montana

  1. Confirm the case with the court

    Look it up with the court yourself, not through a number on the papers.

  2. Count the days

    In Montana: The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20).

  3. File a written answer

    File the answer with the clerk and mail a copy to the collector's lawyer. Start with Montana court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Montana's 6 years for written contracts?

  5. Don't skip a hearing

    Take your papers to each hearing; a dispute letter still makes the collector prove the debt.

Where to get free help in Montana

Questions about debt lawsuits in Montana

How long do I have to answer a debt lawsuit in Montana?

The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20). Justice court deadlines can differ, so read your summons.

What if I miss the deadline to answer in Montana?

If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts.

Is an old debt a defense to a lawsuit in Montana?

Montana's time limit to sue is 6 years for written contracts and 5 years for open accounts (Mont. Code Ann. § 27-2-202(1) (6 years, written instrument, for lawsuits filed on or after Oct. 1, 2025; it was 8 years before), (2) (5 years, unwritten contract or account); § 27-2-409; SB 143 (2025), Ch. 174, L. 2025). A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)).

Related Montana pages

Sources

Last checked: Oct 24, 2026.

Federal sources