Montana debt statute of limitations

Montana limitation periods by type of debt

A 2025 amendment (Ch. 174) set the written-contract limit at 6 years (§ 27-2-202(1)); open-account debt is 5 years (§ 27-2-202(2)).

What the Montana statute says

“(1) The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years.”
Mont. Code Ann. § 27-2-202(1)

“(2) The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.”
Mont. Code Ann. § 27-2-202(2)

Does paying restart the clock in Montana?

A signed written acknowledgment or a part payment starts the period running anew (Mont. Code § 27-2-409).

“(1) An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew. (2) An acknowledgment must be contained in some writing signed by the party to be charged thereby.”
Mont. Code Ann. § 27-2-409

If a creditor wins a judgment in Montana

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Montana rules take over.

How long a judgment lasts

In Montana, an action upon a judgment must be commenced within 10 years (the period that also governs issuing a writ of execution under § 25-13-101); child-support and restitution judgments have different rules.

“the period prescribed for the commencement of an action upon a judgment or decree of any court of record of the United States or of any state within the United States is within 10 years.”
Mont. Code Ann. § 27-2-201(1)-(2)

Wage garnishment

For ordinary debts, Montana limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage (support orders are treated differently).

“the maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subjected to garnishment may not exceed the lesser of: (a) the amount by which the debtor's disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable; or (b) 25% of the debtor's disposable earnings for that week.”
Mont. Code Ann. § 25-13-614(2)

Small claims court

Montana small claims court (justice's court) handles claims for money or specific personal property up to $7,000, excluding costs, when the defendant can be served in the county.

“The small claims court has jurisdiction over all actions for the recovery of money or specific personal property when the amount claimed does not exceed $7,000, exclusive of costs, and the defendant can be served within the county where the action is commenced.”
Mont. Code Ann. § 25-35-502(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Montana treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Montana?

5 years for credit-card debt and 6 years on a written contract, under Mont. Code § 27-2-202. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Montana?

A signed written acknowledgment or a part payment starts the period running anew (Mont. Code § 27-2-409).

How long does a court judgment last in Montana?

In Montana, an action upon a judgment must be commenced within 10 years (the period that also governs issuing a writ of execution under § 25-13-101); child-support and restitution judgments have different rules. (Mont. Code Ann. § 27-2-201(1)-(2)).

How much of my pay can be garnished in Montana?

For ordinary debts, Montana limits wage garnishment to the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage (support orders are treated differently). (Mont. Code Ann. § 25-13-614(2)).

What if I am sued on an old debt in Montana?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.