Montana Statutes of Limitations
What is the statute of limitations for your legal rights in Montana
Statute of Limitation Laws in Montana
In order to convict you of an offense or sue you for monetary gain, your crime, tort or contractual agreement must fall within a certain time-line allowed by law. An Montana law on statute of limitations is simply that time which is allotted by the law as written by the state of Montana within which you can be convicted or held liable for a debt.
Below is the Montana statute of limitations listings for a number of different offenses and torts. While this list is updated regularly, often-times laws in every state get modified, repealed, amended or changed by legislation. Please consult with a qualified Montana attorney in this and any other legal matter.
We have found a service where you can ask your legal question for free and get responses only from qualified Montana lawyers in that particular field. The form below will help you get started by simply entering your MT zip code to find a Montana state criminal defense, or civil lawyer near you.
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| Type of Offense | Length of Statute |
|---|---|
| Any capital offense: | No Limit |
| Drug Trafficking: | 10 Years |
| Forgery (felony): | 10 Years |
| Counterfeiting(felony): | 10 Years |
| Rape: | 10 Years |
| Contracts: | 5 years; or 8 years if under seal |
| Injury to personal property: | 6 Years |
| Open accounts for debt collections: | 5 Years |
| Wrongful Death: | 3 Years |
| Medical Malpractice Actions: | In the state of Montana, any medical malpractice actions alleging personal injury or wrongful death must be brought within three (3) years from the date of injury or from the date when the patient discovered, or should have discovered, the negligence. However, an action cannot be brought after five years from the date of the injury. For minors under the age of 4, a 3 year statute of limitations begins running on their 8th birthday. Code Section § 27-2-205(1) |
| Fraud: | 2 years from when the fraud was or reasonably should have been discovered. |
| Intentional Torts: | 2 Years |
| Libel | Slander | Defamation: | 2 Years |
| Personal Injury Actions: | 2 years from the date of injury |
| Rules for Minors: | Limitation period begins to run on the minors 18th birthday, except in cases of medical malpractice or wrongful death |
| Products Liability Actions: | Within 3 year the injury is, or should have been discovered, to file a law suit |
| Complete Montana criminal revised statute of limitations can be found on the Montana Criminal Statute of Limitations page. | |
Disclaimer: Statute of Limitation laws in every state get modified, repealed, amended, and/or changed by the legislature of that states jurisdiction. The authors and webmaster of StatuteofLimitation.info have made every effort to post the most current laws. Please use this site as a general reference and for comparison purposes. Do not substitute any information from this site for advice you would get from a qualified legal professional
Montana Fair Debt Collection Practices Act
In order for an Montana debt collector or debt buyer to sue you to collect a debt they have to do that within the time limits that the state of Montana law requires. This is what is known as the statute of limitations. If they sue you outside of that statute of limitations then that may violate the Fair Debt Collection Practices Act. Even threatening to sue you beyond the statute of limitations can also be considered a Fair Debt Collection Practices Act (FDCPA) violation.
If you are dealing with an unscrupulous Montana debt collector that is threatening you with a lawsuit, whether verbal or written, for an old debt, then you need to look at the Montana statute of limitations if that debt collector has a potential case against you or has potentially violated the FDCP Act.
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