Dealing With Debt Collectors in Montana (2026)
Reviewed by DocDraft Legal Team · Montana · Last updated August 13, 2026
This page covers your rights when a debt collector contacts you in Montana. On top of the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. 1692), Montana sets its own statute of limitations on debt under Mont. Code Ann. 27-2-202: six years to sue on a written contract, and five years on an open account, credit card, or promise not made in writing. Abusive or deceptive collection can also violate the Montana Unfair Trade Practices and Consumer Protection Act, Mont. Code Ann. 30-14-101 et seq. Montana caps wage garnishment under Mont. Code Ann. 25-13-614 and protects a homestead and household goods from execution, and the Montana Department of Justice Office of Consumer Protection takes collection complaints.
What is the statute of limitations on debt in Montana?
In Montana, a creditor generally has six years to sue on a written contract under Mont. Code Ann. 27-2-202(1), and five years on an open account, credit card, or promise not in writing under 27-2-202(2). Once that period runs, the debt is time-barred and a court can dismiss a suit if you raise the defense.
Can a debt collector garnish my wages in Montana?
Yes, but only after a court judgment and within limits. Under Mont. Code Ann. 25-13-614, garnishment of your disposable weekly earnings cannot exceed the lesser of 25 percent, or the amount above 30 times the federal minimum hourly wage. Child and spousal support orders follow different, higher limits.
How do I stop a debt collector from contacting me in Montana?
Send the collector a written cease-communication letter. Under 15 U.S.C. 1692c(c), once it receives your letter it must stop contacting you, except to confirm it is stopping or to say it may pursue a specific remedy like a lawsuit. Keep proof of mailing. This does not erase the debt.
What can a debt collector not do to me in Montana?
A collector cannot harass you, threaten violence, or lie about the debt under the FDCPA (15 U.S.C. 1692d, 1692e). Deceptive, unfair, or unconscionable collection can also violate the Montana Unfair Trade Practices and Consumer Protection Act (Mont. Code Ann. 30-14-101 et seq.), which the state Department of Justice enforces.
How Montana regulates debt collectors
Montana layers state protections on top of the federal FDCPA. Unlike many states, Montana does not run a general licensing scheme for third-party collection agencies, so there is usually no state agency license to verify for an ordinary collector. It does license debt-management and debt-settlement businesses through the Montana Department of Justice Office of Consumer Protection under the Montana Consumer Debt Management Services Act, Mont. Code Ann. 30-14-2001 et seq. Abusive or deceptive collection conduct can be pursued as an unfair or deceptive act in trade or commerce under the Montana Unfair Trade Practices and Consumer Protection Act, Mont. Code Ann. 30-14-101 et seq., which allows actual damages, and in some cases treble damages and attorney fees. On the collection side, Montana permits post-judgment wage garnishment but caps it at the lesser of 25 percent of disposable earnings or the amount above 30 times the federal minimum wage under Mont. Code Ann. 25-13-614, and it protects household goods, a motor vehicle, and tools of trade up to stated values under Mont. Code Ann. 25-13-609, plus a homestead under Title 70, chapter 32. The Montana Department of Justice Office of Consumer Protection, reachable at dojmt.gov or (406) 444-4500, handles collection complaints.
Relevant Laws
Montana Statute of Limitations, Mont. Code Ann. 27-2-202
Sets the time to sue on a debt in Montana. Subsection (1) gives six years on a contract or obligation founded on a written instrument. Subsection (2) gives five years on a contract, account, or promise not founded on a written instrument, which covers most open accounts and credit cards. Subsection (3) gives three years on other non-written obligations.
Montana Unfair Trade Practices and Consumer Protection Act, Mont. Code Ann. 30-14-101 et seq.
Montana's UDAP statute, which prohibits unfair, unconscionable, or deceptive acts in trade or commerce and has been applied to debt collectors. Montana has no separate FDCPA-style collection statute, so deceptive collection conduct is generally pursued under this act, which allows actual and in some cases enhanced damages plus attorney fees.
Montana Wage Garnishment and Exemptions, Mont. Code Ann. 25-13-614 and 25-13-609
Section 25-13-614 caps garnishment of disposable weekly earnings at the lesser of 25 percent or the amount above 30 times the federal minimum wage, mirroring federal limits. Section 25-13-609 exempts household goods, a motor vehicle, and tools of trade up to stated values; a homestead is protected under Title 70, chapter 32.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p
The core federal statute governing third-party debt collectors. It bars harassment (1692d), false or misleading representations (1692e), and unfair practices (1692f), restricts contact (1692c), and creates the 30-day debt validation right (1692g). It applies in Montana alongside state law.
Regional Variances
Montana statute of limitations by debt type
Written contract (6 years)
Under Mont. Code Ann. 27-2-202(1), an action on any contract, covenant, obligation, or liability founded on an instrument in writing must be brought within six years. This is the longest of the standard Montana contract limitation periods and covers most signed loan and installment agreements.
Open account / credit card (5 years)
Under Mont. Code Ann. 27-2-202(2), an action on a contract, account, or promise not founded on a written instrument must be brought within five years. Open accounts and most credit card debts fall here unless a signed written cardholder agreement controls, in which case the six-year written-contract period may apply.
Oral contract (5 years)
An oral or unwritten promise to pay is a promise not founded on a written instrument, so the five-year period under Mont. Code Ann. 27-2-202(2) applies. Montana groups oral contracts, accounts, and non-written promises together in the same five-year subsection.
Promissory note (6 years)
A promissory note is a written promise to pay, so an action on it generally falls under the six-year written-instrument period of Mont. Code Ann. 27-2-202(1). Negotiable instruments can be subject to separate UCC timing rules; an attorney can confirm which period applies to a specific note.
Suggested Compliance Checklist
Read the collector's validation notice and calendar the 30-day deadline
Within 5 days of first contact days after startingConfirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute under 15 U.S.C. 1692g.
Check the Montana statute of limitations on the debt
Before paying, settling, or promising anything days after startingCompare the age of the debt against Mont. Code Ann. 27-2-202(1) (six years, written contract) and 27-2-202(2) (five years, open account or oral). If the period has run, the debt is time-barred, and a payment or new written promise could restart the clock.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing.
File a complaint with the Montana DOJ Office of Consumer Protection or CFPB
Within 1 year of any FDCPA violation days after startingReport abusive or deceptive collection to the Montana Department of Justice Office of Consumer Protection at dojmt.gov or (406) 444-4500, and to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Read the collector's validation notice and calendar the 30-day deadline | Confirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Note the date you received it and calendar the 30-day window to dispute under 15 U.S.C. 1692g. | - | Within 5 days of first contact |
| Check the Montana statute of limitations on the debt | Compare the age of the debt against Mont. Code Ann. 27-2-202(1) (six years, written contract) and 27-2-202(2) (five years, open account or oral). If the period has run, the debt is time-barred, and a payment or new written promise could restart the clock. | - | Before paying, settling, or promising anything |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| File a complaint with the Montana DOJ Office of Consumer Protection or CFPB | Report abusive or deceptive collection to the Montana Department of Justice Office of Consumer Protection at dojmt.gov or (406) 444-4500, and to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Credit card debt in Montana is generally treated as an open account or a promise not founded on a written instrument, so the five-year limitation under Mont. Code Ann. 27-2-202(2) usually applies. If a signed written agreement governs the account, the six-year written-contract period under 27-2-202(1) may apply instead. Once the period runs, you can raise the statute of limitations to defeat a suit.
The clock can restart if you make a payment or sign a new written promise to pay an old debt. That is why you should confirm the age of a debt against Mont. Code Ann. 27-2-202(1) (six years, written contract) or 27-2-202(2) (five years, open account or oral) before paying anything on a debt that may already be time-barred in Montana.
Montana does not have a general licensing scheme for ordinary third-party collection agencies, so there is usually no state collector license to verify. Montana does license debt-management and debt-settlement companies through the Department of Justice Office of Consumer Protection under the Consumer Debt Management Services Act (Mont. Code Ann. 30-14-2001 et seq.).
Under Mont. Code Ann. 25-13-614, a creditor with a judgment can garnish no more than the lesser of 25 percent of your disposable weekly earnings, or the amount by which those earnings exceed 30 times the federal minimum hourly wage. Child support, spousal support, and certain other debts are subject to different, higher limits.
Montana does not have a standalone statute that mirrors the FDCPA point for point. The federal FDCPA (15 U.S.C. 1692) is the main tool, but unfair, unconscionable, or deceptive collection can also be challenged under the Montana Unfair Trade Practices and Consumer Protection Act (Mont. Code Ann. 30-14-101 et seq.), enforced by the state Department of Justice.
Other Montana guides
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