How to Answer a Summons for Debt Collection in Montana

George Simons | June 18, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: You have 21 days to respond to a debt lawsuit in Montana. In order to respond, you must draft and file a written Answer into the case and pay the fling fee, which ranges from $30-$70. In your Answer, address each claim against you and assert your affirmative defenses.

If you've been sued by a creditor or debt collection agency over unpaid debt in Montana, you may be feeling overwhelmed and even scared. Do not fret. You have options and there are ways to effectively respond to the debt collector's legal action.

A summons for debt collection is a formal legal action filed by a plaintiff (i.e., the debt collection agency, creditor, etc.) against a defendant (i.e., you) alleging you failed to stay current on a particular account and there remains an unpaid debt.

If you are served with a summons for debt collection, one of the worst things you can do is ignore the summons in the hopes the matter just goes away. This is a terrible course of action because if you fail to answer a debt summons or complaint, it means you are guaranteeing the debt collector will prevail in their lawsuit. Why? Because the debt collector will file a motion for default judgment and a court will likely grant it.

Avoid a default judgment by filing a response with SoloSuit.

Filing an Answer to a summons for debt collection offers you the opportunity to respond to the allegations in the lawsuit. For example, you can highlight any errors, oversights, or problems with the debt collector's complaint.

For example, if you don't owe the debt claimed, answering the summons gives you a chance to argue your defense and bring this issue to the court's attention. Responding to the lawsuit also gives you a chance to file a counterclaim.

Keep reading for tips on how to respond to a Montana summons for debt collection, including deadlines, fees, forms, and more.

Respond to a Summons in Montana.

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Table of Contents

Montana deadline for answering a debt collection summons

In Montana, the deadline to respond to a court summons i 21 days after being served. If the deadline coincides with a holiday or weekend, it will be pushed to the next business day and these days vary depending on whether the hearing occurs in a small claims court or a district court.

If your debt is $7,000 or less, the case will likely be heard in Montana small claims court, typically through the justice court. For cases involving debts ranging between $7000-$25,000, the case will be heard in Montana district courts.

When you receive the summons, check to find out how long you have to file an Answer. The summons and complaint will also contain details about the plaintiff, their demands, and the amount you owe.

This information is outlined in Montana Rules of Civil Procedure, Rule 12, which states:

"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. Do not include the day you were served in your calculation of time. The answer or motion must be served on the plaintiff or plaintiff's attorney, if plaintiff is represented by an attorney."

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
  • Among others

Even if you decide to reach out to the creditor outside the court, you'll still need to file your Answer with the court clerk. If you do not know where to start, SoloSuit offers a great way to file an Answer just by clicking a button!

Respond to a debt collection lawsuit fast with SoloSuit.

Use a Montana Answer to Summons forms

You can download the Answer to the summons form from the Montana Judicial Branch website. The document requires you to fill in personal information such as 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. To do so, you have to fill a ‘Statement of Inability to Pay' form and mail it to the court clerk before the deadline. You can download the form here.

The court will evaluate your application and decide whether to waive the fee. After the court waives the payment, you can then file your written Answer to the summons. A counterclaim is another way to answer a summons for a debt collection lawsuit in Montana. This kind of Answer challenges the claims made by the plaintiff if you believe the case against you is false. You also need to notify the plaintiff about the counterclaim.

Given that counterclaims usually involve many legal tussles, you may need legal advice to determine if it's the best shot at winning the case. To file a countersuit, download and fill a counterclaim form from Montana's judicial branch website.

Use SoloSuit to make the right defense and win your case.

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 stated in the summons and complaints are untrue, you must respond with a written Answer to the court. Be sure to also send a copy of this Answer to the plaintiff directly or through their attorney.

Let us look at the steps you need to follow when responding to a debt collection lawsuit:

1. Draft your answer

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

  • 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 document. The best way to do this is to study the Complaint, identify each claim and address the issues in each paragraph.

There are three ways in which you may respond to the claims, as outlined below.

  • Admit: You can list down all the paragraphs with factual claims. For instance, you can write, “these paragraphs in the Complaint are true,” then list them down.
  • Deny: Alternatively, you may highlight all the false allegations. For instance, you can say, “these paragraphs in the Complaint are false,” then write them down. Additionally, if you are unsure about information written in any section, feel free to deny it. Note that failure to deny a claim is considered an admission of responsibility for the debt.
  • Admit and deny: Some paragraphs will have true allegations, while some may be questionable or completely untrue. In that case, you may write, “all sections of this paragraph are true except this and this part.” Likewise, you can say, “all accusations in this paragraph are false except this and this part.” Then, list down the sections in question.

Make the right affirmative defense with SoloSuit and win in court.

2. Assert affirmative defenses

After accepting or refuting the claims, the next step is giving reasons, known as affirmative defenses, to convince the judge to rule the case in your favor. Assert affirmative defenses only if you can prove it in court.

Asserting affirmative defenses that cannot be proven during trial increases your chances of losing the entire case. The following are some common affirmative defenses you may write in your Answer. Please select the one that applies to your specific situation.

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

Protect your property with SoloSuit.

3. File the answer with the court and serve the plaintiff

The last step is to mail the Answer to the court. Some courts accept in-person delivery of the Answer through the office of the court clerk. Also, it is important to send a copy of the Answer to the plaintiff directly or through their attorney.

Given that debt collection laws are quite complicated and you may not know how to file your Answer correctly, SoloSuit offers a better alternative. This web application helps you file your Answer in easy steps, which an attorney then reviews 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 the creditor can legally sue you to pay what you owe them. Once this time has elapsed, the creditor can still use other ways to seek their payment but cannot take you to court.

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

On the other hand, oral liabilities and obligations have a 3-year of 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 to pursue the debt in Montana, because Montana's statute of limitations on judgments is ten years as outlined in Mont. Code § 27-2-201. This statute applies to the judgment of decrees in a court in any state.

The table below further explains the Montana statute of limitations on debt:

Statute of Limitations on Debt in Montana
Debt Type Deadline
Oral Contract 3 or 5 years
Credit Card 8 years
Medical 8 years
Student Loan 8 years
Auto Loan 8 years
Mortgage 8 years
Personal Loan 8 years
Judgment 20 years
Mont. Code § 27-2-201, 202

Another thing to note is that once you start partial payments on a debt you've been sued for, the statute of limitations begins again. Having an old debt (one has surpassed the statute of limitations) does not mean the debt collector cannot pursue their debt; it only means they no longer have legal grounds to sue. They may file a lawsuit still, and it's up to you to bring up the fact that the debt is past the statute of limitations in court.

Use the statute of limitations as a defense in your case.

Other Montana debt collection laws protect you from unfair treatment

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

No matter what state you live in, dealing with debt collectors is stressful. And unfortunately, some of these collectors will try to trample your rights in order to get you to pay. The best way to defend yourself against these kinds of collectors is to understand Montana debt collection laws and your rights as a consumer.

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

The wording of these two laws is pretty cryptic, so 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, and 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 make sure 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, it’s always a good idea to 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 or incorrect credit reporting, it may be worth consulting with a consumer protection attorney.

Check the status of your Montana court case

Lots of people think court cases work like they do on TV — that there’s a single meeting in the courtroom and then everything is resolved. Unfortunately, most court cases are complex and drawn out, and 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 against you — and that means a creditor can garnish your wages, seize and sell your property, and even take money straight out of your bank account. The best way to stay on track with your case is to monitor it regularly.

In order to check your Montana court case status, you need your case number. Unfortunately, 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, and ask them to look up your case and print off the most relevant documents.

Montana legal aid organizations

When the court serves you with summons and complaint papers, you can choose to represent yourself or 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 legal services in Montana. 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:

Find debt relief in Montana

Aside from legal aid organizations, Montana also offers debt relief programs to helps its residents who are struggling financially.

If you’re having trouble paying off debt, you’re far from alone! Fortunately, Montana debt relief programs might make it a bit easier to pay your debt down. Although 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:

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

It’s easy to feel desperate for relief when you’re crushed by debt. Unfortunately, some unethical companies take advantage of that emotion and 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 that you’re now stuck in the lawsuit until it ends. Fortunately, that’s far from the truth. In most cases, settling out of court is beneficial for both the plaintiff (the company suing you) and the defendant (you). Litigation is expensive, and many debt collectors retain expensive attorneys to represent them in court. If you offer to settle the debt for less than the amount you owe, the collector might still save a good bit of money. These companies typically buy debt for pennies on the dollar, so even if you pay less than you owe, they’ll make a profit.

Offering to settle is a smart move for you, too — and not just because 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 or creditor to use fairly extreme methods to collect your debt. The company can sell your property, garnish your wages, or remove a certain amount of money from your bank account.

Unless you think you’ll certainly win your case (for example, you have concrete proof that you don’t owe the debt), offering to settle is a smart move. 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!).

Here’s a closer look at each step:

1. Reply to a lawsuit

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

It’s incredibly important to respond quickly. Montana gives you just 21 days to respond to a lawsuit once you’ve been served or otherwise have 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 — both to acknowledge that you know you’re being sued and to raise potential defenses (that is, to point out reasons why you don’t owe the debt). But perhaps more importantly, it keeps the case going so you can attempt to settle in the meantime.

There’s a lot at stake when it comes to sending an Answer, as even small errors can result in a missed deadline. SoloSuit can help. We’ll format your Answer for you and make sure to send it where it needs to go.

Have you been sued for a debt? File your Answer right now with SoloSuit!

2. Make an offer to settle

Before you start the negotiating process, take the time to figure out what you can reasonably pay. Because 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.

However, your offer should be reasonable — don’t try to settle a $5,000 debt for $200. At SoloSuit, 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 or collector might be inclined to accept an even lower offer.

3. Negotiate with the collector

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

However, there’s an easier way: when you use SoloSettle by SoloSuit, we deal with the collector or creditor for you. Once you agree on an amount, we’ll facilitate payment — and the debt ordeal will be over!

Whether you use SoloSettle or choose to negotiate yourself, make sure you get a copy of your settlement agreement in writing. More specifically, you should ensure that in that agreement, the creditor states that they will not continue to pursue collection actions against you.

Negotiate debt settlement to resolve your Montana debt lawsuit.

We asked an attorney for tips on how to settle a debt. Check out the following video to learn more:

Stop wage garnishment in Montana

If you’ve already done some research on debt lawsuits, you know that many articles and videos offering advice will tell you to avoid getting a court judgment against you. But what if it’s already happened?

Having your wages garnished may be putting a 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. These are a few strategies for doing so.

File for exemptions

Fortunately, Montana Code 25-13-614 limits the amount of your wages that can be garnished. This law protects you by ensuring that 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 — whichever of the two is lesser.

It’s important to note that 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. These 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 do what you can 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, however. If a creditor had to have a judgment issued against you in order to collect, they might worry that you will default on a payment plan that doesn’t involve direct wage garnishment.

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

Apply for bankruptcy

Bankruptcy is not the answer for everyone. However, because 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.

Since 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, where they can help you decide whether this is the right step for you.

Key takeaways

Getting sued in court for an alleged unpaid debt can be extremely stressful. Do not give up hope or throw your hands up in despair. There are simple steps you can take to formally respond to the debt collector's summons and complaint.

Here are some key takeaways from this guide on how to respond to a Montana summons for debt:

  • You have 21 days to respond to a summons for debt in Montana.
  • Montana courts charge $30-$70 to file an Answer.
  • In your Answer, respond to every Complaint; you can admit or deny the claims.
  • Include affirmative defenses, which give you a fighting chance to win the case.
  • File the Answer with the court and send a copy to the plaintiff.
  • The Montana statute of limitations on debt is eight years, so you can bring this up as an affirmative defense if you're being sued for an old debt.

SoloSuit can help you draft and file an Answer to your debt lawsuit in Montana.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

File an Answer in your local court in Montana

Find your local court below to start the process of drafting and filing an Answer into your Montana debt collection case:

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Debt collector guides

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If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

Credit

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt, along with other credit-related resources.

Debt collection FAQs

Find answers to some of our the most commonly-asked questions about debt collection below.

Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

Debt relief

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

Eviction

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Federal debt collection laws

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

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Medical debt

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Personal finance

Learn how to manage your finances and overcome crushing debt. Check out our personal finance guides below.

State debt collection laws

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

The Debt Hotline

Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.

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