Is lawsuit funding legal in Montana?
Yes, but not from us. Montana: registration plus a rate cap — Mont. Code § 31-4-103 (Secretary of State registration); § 31-4-104 caps interest at the § 31-1-107 rate and recovery at 25% of the judgment or settlement. Get Lit Money does not fund in Montana.
What you can do in Montana instead
Montana registers litigation funders with the Secretary of State and caps both the interest rate and the share of your recovery a funder may take at 25%. That cap is good news if you are funded here — a registered Montana funder cannot take more of your settlement than a quarter of it, which is less than the people we fund pay. We are not registered in Montana, so ask any funder who offers you an advance here to show you their registration.
The statute
Registration plus a rate cap. Mont. Code § 31-4-103 (Secretary of State registration); § 31-4-104 caps interest at the § 31-1-107 rate and recovery at 25% of the judgment or settlement. We do not hold the license or registration Montana requires, and we do not fund in states where our published rate would have to carry a qualifier. A narrower map buys an unqualified promise everywhere else, and we think that is the right trade.
Why this changed recently
The map moved materially in 2026. North Carolina became the first state to ban third-party litigation financing outright, under HB 315, effective June 22, 2026. New York’s Consumer Litigation Funding Act took effect on June 17, 2026. Georgia began requiring NMLS registration on January 1, 2026, and made larger funding agreements discoverable in civil cases.
If you are reading an article about funding law written before 2026, assume it is out of date. This area is moving quickly and three material changes landed in the first half of the year alone.
Montana claim deadlines
The personal injury filing deadline in Montana is 3 years from the date of injury in most cases. Missing it bars the claim permanently, however strong it is.
Workers’ compensation runs on a separate clock. Notify your employer within 30 days and file the claim within 1 year.
Claims against government entities usually require a formal notice of claim far sooner — often 30 to 180 days — and missing that bars the claim even though the ordinary deadline has years left. More on notice of claim.
If you were partly at fault
Montana applies modified comparative negligence — 51% bar. You can recover as long as you were not more than 50% at fault. Your award is reduced by your share of the blame. How comparative negligence works.
Is an advance a loan in Montana?
A genuine pre-settlement advance is non-recourse: it is repaid only from a recovery, and if the case does not recover there is nothing to repay. That is the distinction most state statutes turn on, and it is why the map looks so uneven — where a court treats an advance as a loan, state lending and usury rules apply, which is the basis on which Colorado and Maryland regulate these products as consumer loans. More on usury and funding.
This page summarizes publicly reported legislation and published statutory summaries. It is not legal advice and it is not a compliance opinion. Your attorney is the right person to ask about your case.
We can't fund in Montana — but the law page is here for a reason.
If your case moves to a state we serve, or you are reading this for a client elsewhere, the rest of the site applies. We would rather tell you plainly than take your details.