Montana Civil Court Records

The Supreme Court, the District Courts, and the courts with limited power make up Montana's court system.

The Montana Supreme Court, funded by the legislature, serves as the court system's administrative arm.

Montana District Courts have general power over civil cases. But there are special courts in Montana that handle certain types of cases.

The Water and Worker's Compensation Courts have limited power to settle disputes about existing water rights and workers' compensation. Also, the Justice, City, and Municipal Courts in Montana can hear civil matters in the state.

Even though their areas of jurisdiction are slightly different, these three courts handle most civil cases for up to $12,000, small claims for up to $7,000, landlord/tenant disputes, forcible entry and detainers, local ordinances, certain juvenile matters, and protection orders.

In limited jurisdiction courts in Montana, a judge or a jury can decide a trial. Most of the time, the people involved can ask for a hearing with a jury. But a jury trial is impossible if the case concerns a parenting plan or bankruptcy.

Can you obtain Montana Civil Court Records? According to the Montana Public Records Act, court records in Montana are public records you can see and get a copy of upon request.

Montana Bankruptcy Records are the formal documentation consisting of papers, cover sheets, and other pertinent information about bankruptcy proceedings in the state. It happens when a debtor can't pay back creditors and looks to the federal bankruptcy law to eliminate debts.

More specifically, a Montana Bankruptcy Record includes the following details:

• Bankruptcy cover sheet
• Case docket
• Attorney and trustee addresses and contact information
• Claims register
• Debtors' assets
• Debtor income and financial statement
• A list of creditors
• Credit report
• Case filing date

The most common types of Montana Bankruptcy Records are as follows:

Chapter 7 Bankruptcy

Montana Chapter 7 bankruptcy, also called "liquidation bankruptcy," helps pay off debts by selling properties not protected by state exemption laws.

For this bankruptcy to be possible in Montana, the debtor's income must be the same as or less than the median income for the state.

In Montana, a debtor who wants to file for Chapter 7 bankruptcy must also attend credit counseling within 180 days before filing.

Chapter 7 bankruptcy can stay on a person's record for up to ten years, and six years must pass before the same individual may apply again.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy in Montana, also called "reorganization bankruptcy," is a way to pay back debts that lets debtors restructure and develop a payment plan for their creditors.

In this bankruptcy, the debtor must devise a reorganization plan. The creditors vote on this, and if it meets the law, the court approves it.

The reorganization process gives debtors chances to lower their debts or change payment terms like interest rates and the time they have to pay back their debts.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a reorganization type for wage earners that uses income-based repayment plans instead of selling assets.

To file for this bankruptcy type, the filer must typically owe no more than $419,275 in secured debts and no more than $1,257,850 in unsecured debts.

The court keeps Chapter 13 bankruptcy records forever until ordered to remove them.

Montana Bankruptcy Records also provide information under Chapters 9, 12, and 15 of the U.S. Bankruptcy Code, in addition to Chapters 7, 11, and 13.

How To Find Montana Bankruptcy Records?

Most of the time, the Court Clerk is in charge of bankruptcy records, and people who want copies of documents can ask for them.

At any of the bankruptcy court's locations in Montana, you can get hard copies of the bankruptcy records:

• U.S. Bankruptcy & District Court, Butte Division
• U.S. District Court, Great Falls Division
• U.S. District Court, Billings Division
• U.S. District Court, Missoula Division

The Clerk's office takes care of these requests at the courthouses and by U.S. mail. The Clerk will look for records for $32 per search and make copies of documents for $0.50 per page.

You can also use public computers to search the court's database and print out any Montana bankruptcy information you want. There is a charge of $0.10 per copy printed.

Alternatively, you can use the Public Access to Court Electronic Records (PACER) service. By signing up, you can get electronic copies of Montana Bankruptcy Records.

The Voice Case Information System is another way to get records from the Montana bankruptcy court. By dialing (866) 222-8029 and following the audio directions, you can utilize the service for free in your preferred language.

In Montana Civil Court Records, a property lien record gives the owner of the lien the right to the property of the person who owes the debt. Following Section 71-3-521, the Montana legislature permits the enforcement of a property lien.

There are several types of property lien records, but the most common in Montana are the following:

Tax Lien

Under SB 253, a Montana tax lien is a legal claim the government has on a person's business or property if they owe taxes. It lets the government keep the property until the payment of taxes.

Judgment Lien

In the county in Montana where the judgment occurred, a judgment lien is immediately on the debtor's existing and prospective property. The creditor files this lien with the district court clerk in Montana county, where the debtor owns or may own property.

Mechanic's Lien

Montana contractors and suppliers who did not receive payment might attach a mechanic's or construction lien on a property. It gives the petitioner a property security interest.

Mortgage Lien

A Montana mortgage lien allows a creditor to take a residence until the payment of an obligation. It secures loans and protects the creditor's interest with the homeowner's collateral if they don't pay.

UCC Lien

UCC (Uniform Commercial Code) lien permits the lender to recover the debt when a business ceases operations. The lender may seize the borrower's assets if a party borrows money according to the Code.

How To Check Montana Property Lien Records?

To check for Montana Property Lien Records, you need to know where a property is. It will help you figure out the right agency to contact.

The county clerk or recorder's office typically keeps these property liens. So, property owners and other people who want to look at the records can either go to the office and search in person or look for a lien search tool on the Clerk's website.

For UCC liens, you can use the epass Montana platform, run by the Montana Secretary of State, to get these records online. You must make an account to use the system for the first time.

If you want to know about vehicle liens filed in Montana, contact the Vehicle Services Bureau. To handle a request, the agency needs to know the name, address, and Vehicle Identification Number of the registered owner.

Montana Civil Driving Violation Records include information about a person's driving history, such as traffic infractions, tickets, citations, operating points, etc.

Examples of civil driving violations in Montana include:

• Texting while driving
• Running a red light
• Driving without a seatbelt\
• Speeding
• Illegally tinted windows
• Parking violations

Civil Driving Violation Records are not crimes and will not result in incarceration. Because of this, people who break the law are likely to get less severe punishments than those for traffic misdemeanors and felonies. These punishments typically include fines, community service, suspended licenses, and probation.

How To Look Up Montana Civil Driving Violation Records?

The Montana Motor Vehicles Division (MVD) lets you buy a copy of your driver record online, in person, or by mail. You can also look at the records of other people.

The MVD has a driver history records service for people who want to look up their records or someone else's records online. You must give the requested information, like a driver's license number, and pay a $7.87 fee to obtain these records.

To look up traffic violations in person, you should accomplish the " release of driving records" form, providing the driver's full name, license number, and date of birth. You must also pay $4.12 and bring it to the Motor Vehicle Division Office.

You must fill out the same form and fee for mail requests and send it to the MVD address in a self-addressed, stamped envelope.

Montana Legal Judgment Records are the final decisions judges or courts make during a legal case. Final decisions may involve giving money to the winner, and the loser must do what the winner asserts.

Title 25 of the Montana Annotated Code is the law that governs all civil cases in Montana State. Chapter 9, called "Judgment," talks about all the legal steps to make judgments in the state, including how to enforce foreign rulings.

Along with the final decision in a case, a judgment record gives more information about the matter, such as the judge's name and the parties involved.

How To Look Up Montana Legal Judgment Records?

You can look at Montana Legal Judgment Records in person at the courthouse or online. The Clerk of the Montana Supreme Court maintains all the judgments filed with the court.

You can visit the Clerk's office to look at these records. But you can't copy the documents without a court order.

Alternatively, the Montana Supreme Court Public View Docket Search makes it easy for the public to look at cases and decisions filed with the Supreme Court from 1979 to the present.

You can also find judgment documents online through the Montana Supreme Court Opinion and Briefs. In this portal, you can search by Case Number, Advanced Search, Party Name, or Recent Decisions.

For judgments filed in Montana's lower courts, you can ask each court's clerks by giving the parties' names and the case number.

On the Montana court website, you can use a tool to find courts in different parts of the state.

Small Claims Records of the Montana Civil Court Records are official documents with information about small claims cases in the state. It includes everything during a small claims case, from the petition or claims the plaintiff files at the beginning to the court's decision at the end.

Montana Small Claims Records typically have the following:

• Photos
• Canceled checks
• Copies of contracts
• Case notices
• Receipts
• Counterclaims
• Answers
• Petitions
• Motions
• Other documents that help prove a case

The Montana Small Claims Court, part of the Justice Court, hears small claim matters in the state. The Montana Small Claims Courts typically decide cases about recovering money or personal property. The court can only hear cases that are worth up to $7,000.

To start a small claim in Montana, the plaintiff must file a complaint or a Form of Complaint and Order of Court/Notice to Defendant.

Here are some examples of small claims court cases in Montana:

• Unpaid bills
• Cases about security deposits
• Other landlord-tenant issues

How To Look Up Montana Small Claims Records?

If you wish to examine Montana Small Claims Records, go to the Justice Clerk in the county where the case occurred.

To see court records, send a request in the mail and visit the courthouse.

The court may charge record search and other court fees when making copies of Montana Court records.

Montana Divorce Court Records contain all the documents that have to do with ending marriages in the state.

Montana has a no-fault divorce. The court must find that the couple has lived apart for 180 days or that there is substantial marital conflict and no realistic chance of reconciliation to issue a divorce.

If you want to file for divorce in Montana, you can find the appropriate court paperwork and instructions on this website.

After filing, the court will record and put the information in the form of the following:

Divorce Certificates

A divorce certificate certifies a marriage's dissolution. It includes the least amount of information compared to other divorce-related legal papers, like the divorcees' names and the divorce date and time.

Divorce Decree

A Montana divorce decree shows the Family Court's final divorce decision. This document is proof that a marriage is over. Only the parties involved and their lawyers can get this record.

A Montana divorce decree specifies the terms of the settlement achieved in the case, such as:

• Asset and property division
• Debt obligations of each party
• Plan for parenting and visiting rights
• Payment terms and schedules for alimony and child support

Divorce Records

A divorce record has all the information about the end of a marriage. It is a complete record that includes motions, orders, reports, evaluations, the final judgment, and other papers made during and after the divorce process.

Because divorces are so personal, it is usually much harder to find divorce records, certificates, and decrees than it is to find other kinds of public records.

How to Look Up Montana Divorce Court Records?

You can find Montana Divorce Court Records by sending a written request to the Clerk of the District Court in the county that finalized the divorce.

Additionally, the Montana Department of Public Health and Human Services' Office of Vital Statistics keeps a list of all the finalized divorces in the state since July 1943. You can't get copies of the records, but it can confirm the legal status of divorce in any state county.

Probate is a legal process needed to divide up the assets of a person's estate after death.

In Montana, probate is necessary unless a trust or other asset has a named beneficiary.

The Montana Probate Court's procedure affects who pays taxes, takes care of and has custody of dependent family members, pays off debts, and changes property titles.

Montana Probate Court Records typically include the following:

• Wills
• Estate papers
• Petitions
• Inventories
• Accounts
• Decrees
• Oaths of executors
• Guardianship forms

These documents originated from a microfilm collection that took years to create. Whether you suspect the probate record you are searching for is from a county or period not included in the pool, you can contact the relevant county courthouse or the Clerk of the District Court to see if the records are accessible.

The first thing you need to do to get Montana Civil Court Records is to find the court that handled the case.

The Clerk of the Montana Supreme Court allows you to see documents about civil court cases filed with the court.

In Montana, you can categorically find court records in different periods: before 1937, from 1938 to 2012, and from 2013 to the present.

Civil court records before 1937 are on microfiche; you can find them at the Montana Historical Society and the Montana State Law Library.

From 1938 to 2012, call (406) 444-3858 and ask the Clerk of the Supreme Court.

From 2013 to the present, the Clerk's Office of the Supreme Court consolidates these records in a vault. Without reservation, anybody can see these documents during office hours.

Aside from hard-copied records and in-person requests, you can look up civil court records in the state using the Montana Supreme Court Case Public View Docket Search tool. On this system, you can search for either open or closed cases.