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Statute of Limitations on Debt in Montana

In Montana, a lawsuit on a written contract filed on or after October 1, 2025 must be brought within 6 years, a lawsuit on an oral contract or account within 5 years, and a lawsuit on a note payable at a definite time within 6 years.

Last checked . General information, not legal advice.

Montana at a glance

Written contracts
6 years
Six years for actions filed on or after October 1, 2025. Before 2025 SB 143 the period was 8 years.
Oral contracts
5 years
Promissory notes
6 years
Six years after the payment date under the UCC for a note payable at a definite time.
Open accounts
5 years
Applies to an account not founded on an instrument in writing.

Sources

Last checked

The rules in Montana

What is the statute of limitations for a written contract in Montana?

Written contracts in Montana: 6 years. Six years for actions filed on or after October 1, 2025. Before 2025 SB 143 the period was 8 years.

What is the statute of limitations for an oral contract in Montana?

Oral contracts in Montana: 5 years.

What is the statute of limitations on a promissory note in Montana?

Promissory notes in Montana: 6 years. Six years after the payment date under the UCC for a note payable at a definite time.

What is the statute of limitations on an open account, such as a credit card, in Montana?

Open accounts in Montana: 5 years. Applies to an account not founded on an instrument in writing.

Where do the Montana statutes of limitations on debt come from?

The rules above come from Mont. Code Ann. 27-2-202, Mont. Code Ann. 30-3-122 and 2025 Mont. Laws ch. 174 (SB 143). Each source is linked on this page. We last checked them in October 2026.

Good to know

Senate Bill 143 (Ch. 174, Laws of 2025) cut the written contract period from 8 to 6 years. It applies to actions filed on or after October 1, 2025.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.