MONTANA
STATUTE OF LIMITATIONS
- Oral Acct: 3
- Open Acct.: 5
- Written Contract: 8
WRITTEN CONTRACT- 8 YEARS
27-2-202.- Actions based on contract or other obligation.
- (1)
- The period prescribed for the commencement of an action upon any contract, obligation, or liability founded upon an instrument in writing is within 8 years.
OPEN ACCOUNT- 5 YEARS
- (2)
- The period prescribed for the commencement of an action upon a contract, account, or promise not founded on an instrument in writing is within 5 years.
ORAL CONTRACT- 3 YEARS
- (3)
- The period prescribed for the commencement of an action upon an obligation or liability, other than a contract, account, or promise, not founded upon an instrument in writing is within 3 years.
LAST PAYMENT OR CHARGE STARTS SOL
- 27-2-302. Actions based on mutual accounts.
- In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side.
TOLLING
- 27-2-402. When defendant is out of state.
- When the cause of action accrues against a person who is out of the state and cannot be served with process, the action may be commenced within the term herein limited after his return to the state;
- and if after the cause of action accrues he departs from the state and cannot be served with process, the time of his absence is not part of the time limited for the commencement of the action.
REAGING OF SOL BY PAYMENT
27-2-409.- Acknowledgment of debt or part payment.
- (1)
- An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.
- (2)
- An acknowledgment must be contained in some writing signed by the party to be charged thereby.
- (3)
- Part payment is any payment of principal or interest.
- COLLECTION AGENCY BOND & LICENSE
- Bond: No
- License: No
- Fee: No
OUT OF STATE CA CANNOT BRING SUIT
- Caveats:
- Foreign corporations should register with MT Sec. of State prior to any suit in MT Courts or risk dismissal.
- Attorney fees only if provided by a signed written agreement.