State file — Montana

Montana debt collection: the deadlines and limits that decide your case

Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.

How long they have to sue you — credit-card debt	8 years (written contract) / 5 years (open account) · MCA §27-2-202 From a secondary source — double-check before you rely on it Montana's split is real: 8 years for a contract, account, or promise founded on a written instrument (§27-2-202(1)); 5 years for one not founded on a writing (§27-2-202(2)) — the period that governs a typical revolving card account.
If the clock has run out	Paying part of it, or signing a written statement that the debt is yours, can restart it. MCA §27-2-409 From a secondary source — double-check before you rely on it The limitations part captioned 'Acknowledgment of debt or part payment' (§27-2-409) treats a signed written acknowledgment of the debt or a part payment as sufficient to start the period running anew. (Section identity confirmed in the official MCA table of contents this pass; operative text sourced secondarily.)
Deadline to answer a lawsuit	21 days after service of the summons and complaint · Mont. R. Civ. P. 12(a) From a secondary source — double-check before you rely on it
Taking your paycheck (wage garnishment)	Follows the federal cap. Montana codifies the federal CCPA formula: garnishment limited to the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. MCA §25-13-614 From a secondary source — double-check before you rely on it
Taking your bank account (a levy)	No general dollar exemption for bank balances. Protection is by tracing: earnings that were exempt under §25-13-614 remain exempt for 45 days after receipt while in the debtor's possession in a traceable form (e.g., deposited in an account), and proceeds of exempt property stay exempt for 6 months if traceable. MCA §25-13-610 From a secondary source — double-check before you rely on it Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212).
Original creditor calling?	No equivalent statute found. The federal FDCPA binds third-party collectors and debt buyers in Montana, and federal law still bans deceptive practices by the bank itself.
How long a judgment lasts	10 years — No affidavit renewal: to keep collecting beyond 10 years the creditor must bring a new action on the judgment before it expires (Jones v. Arnold, Mont. 1995). The judgment lien likewise runs 10 years from docketing (§25-9-301). · MCA §27-2-201(1) From a secondary source — double-check before you rely on it

Run my dates through the free checker

Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.

Included in the $39 DebtDecoded Kit

The letter builder — answer a few questions and it writes your letters: the one that makes them prove the debt is yours, and the one that orders them to stop calling. Wording follows the federal rulebook (Regulation F). Ready to print and mail
The old-debt trap worksheet — checks your dates against your state's restart rule before you pay or sign anything, so one small payment can't quietly restart the clock on an old debt (the trap lawyers call 'revival')
The call log — counts their calls against the legal line: more than 7 calls in 7 days about one debt counts as harassment (12 CFR 1006.14(b)(2))
The 'what they can't take' pack — what a court judgment can and cannot take in your state, including the rule that shields two months of federal benefits sitting in your bank account (31 CFR Part 212)
The offer-math worksheet — what a 'deal' really costs once fees and the tax on the written-off part are counted (that tax shows up on Form 1099-C)
The complaint walkthrough and the honest directory — who to call instead when a free or better route fits you

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Quick answers

What is the statute of limitations on credit card debt in Montana?

8 years (written contract) / 5 years (open account) under MCA §27-2-202. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).

Can paying a little restart the clock in Montana?

Paying part of it, or signing a written statement that the debt is yours, can restart it. (MCA §27-2-409).

How long do I have to answer a debt-collection lawsuit in Montana?

21 days after service of the summons and complaint (Mont. R. Civ. P. 12(a)). Most of these cases are lost by default — by never answering at all.

Can a debt collector garnish my wages in Montana?

Montana codifies the federal CCPA formula: garnishment limited to the lesser of 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. (MCA §25-13-614).

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