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How to Apply for Relief if Your Landlord Gets a Judgment Against You (aka Default Judgment)

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By: Montana Legal Services Association (MLSA)

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You can use these forms if your landlord sued you in Justice Court and got a judgment against you because you did not file a written answer or you did not appear in court. This can also be called a default judgment or a judgment for possession. You must have a good reason for why you didn’t file a written answer or appear in court. It’s up to the court to decide whether you had a good reason.
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Before You Start

If there's a judgment of eviction against you in Justice Court, you only have 30 days from the date the judgment was signed by the judge to seek relief from judgment. You can file a Motion with the Court to ask the Court to undo the judgment because of mistake, inadvertence (lack of attention), surprise, or excusable neglect.

For example, you can file a Motion for Relief from Judgment (linked above)  if there's a default judgment against you and you have a good reason for:

  • not filing your written answer with the Court after you got served; or
  • not showing up at trial.

IMPORTANT: You may need to file your Motion well before the 30-day deadline. If the Judge in the judgment orders you out of the rental by a certain date and you want to ask for more time, then it's best to file your Motion before the date you're ordered out, and not wait the full 30 days.

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