The Plaintiff is the one the files the Complaint. When you fill out your Complaint it is important to tell the Court that you had an agreement or contract. If the agreement or contract was in writing you should attach a copy of the agreement or contract to your Complaint. In your Complaint you should tell the court:
- Who was part of the agreement,
- What the agreement was for,
- When the agreement was made,
- Who did not do their part of the agreement, and
- What you want the court to do to fix the problem.
You should be as specific as possible. You don’t need to try to sound like a lawyer in your Complaint. For example, you could file a Complaint that says:
“I made a deal with Bob Smith on May 15, 2019. I paid Bob $100 so he could buy the parts and fix my Stihl chainsaw. Bob promised to fix the chainsaw by June 3, 2019. I also gave Bob the chainsaw to fix. Bob did not fix the chainsaw. Bob won’t give me back the chainsaw or the $100. I sent Bob a letter on June 17, 2019 asking him to give me back the chainsaw and the $100. I have attached a copy of that letter to this complaint. He told me he would not give back the chainsaw. I want the court to make Bob give me back my chainsaw and my $100.”
How do I file a Counterclaim in Small Claims Court?
The Defendant may file a Counterclaim. A Counterclaim tells the Court that the Defendant thinks the Plaintiff owes the Defendant money. The Defendant must file the Counterclaim at least 72 hours before the hearing. You can find a free Counterclaim form on the Montana Judicial Branch’s website.
A Counterclaim is just like a Complaint except that the Defendant files a Counterclaim after being served with the Plaintiff’s complaint. The Judge will decide on the Complaint and the Counterclaim at the same hearing.