Debt collectors in Montana

Credit cards: Colorado National Bank v. Story, 261 Mont. 375, 862 P.2d 1120 (1993): a Visa card debt was an account stated, not founded on an instrument in writing, because the signed application had no contract terms and the statements were only statements of account; the 5-year period in MCA 27-2-202(2) ('contract, account, or promise not founded on an instrument in writing') applied. A creditor that proves a written cardholder agreement could argue the written-instrument period, which is now 6 years (it was 8 before 2025).

Payments and acknowledgments: MCA 27-2-409: an acknowledgment or part payment (any payment of principal or interest) is sufficient evidence of a new or continuing contract and takes the case out of the limitations chapter. An acknowledgment must be in a writing signed by the debtor. The statute does not distinguish payments before vs after expiry, so part payment after expiry can revive. No consumer or debt-buyer revival ban was found.

Judgments: MCA 27-2-201(1): action on a judgment within 10 years; execution may issue within that period (25-13-101); docketed judgment lien lasts 10 years (25-9-301). It can be extended only by filing a separate action on the judgment and getting a new judgment before the 10 years run. An ex parte motion does not work (Jones v. Arnold, 1998 MT 214, 290 Mont. 444; Welch v. Huber, 1993). After 10 years enforcement is barred.

Other rules: 2025 amendment: SB 143 (Ch. 174, L. 2025, enacted Apr. 18, 2025) cut the written-instrument period from 8 to 6 years for actions filed on or after Oct. 1, 2025. Many secondary sites still say 8 years. Because the change keys on filing date, any written-contract suit filed now gets 6 years. The 5-year (unwritten contract/account) and 3-year (non-contract obligation) periods are unchanged. In Story the 5 years ran from the last payment. Montana's UCC note section is 30-3-122; MCA 30-3-118 is a different, repealed section. No Montana statute on time-barred consumer debt was found; federal Reg F bars FDCPA collectors from suing on it.

• open account: MCA 27-2-202(2); Colorado National Bank v. Story, 261 Mont. 375, 862 P.2d 1120 (1993)
• written contract: MCA 27-2-202(1) (6 yrs, as amended by SB 143, Ch. 174, L. 2025; applies to actions on written contracts filed on or after Oct. 1, 2025; previously 8 yrs)
• oral contract: MCA 27-2-202(2)
• promissory note: MCA 30-3-122(1) (Montana's codification of UCC 3-118(a): 6 yrs after the due date or accelerated due date)
• judgment: MCA 27-2-201(1), 25-13-101, 25-9-301; Jones v. Arnold, 1998 MT 214
• payment restarts: MCA 27-2-409
• other: SB 143 (2025), Ch. 174, L. 2025, sec. 3 (applicability: actions 'filed on or after October 1, 2025')

Sources: mca.legmt.gov · archive.legmt.gov · hallapproved.com