25-13-211. Notification of seizure. (1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must:
(a) inform the judgment debtor that certain described property or money of the judgment debtor's was seized to satisfy a judgment against the debtor;
(b) state the case name, the date of judgment, and the name of the judgment creditor;
(c) advise the judgment debtor that the judgment debtor may be entitled to claim an exemption from execution on the property as described in part 6 of this chapter or other provisions of state or federal law; and
(d) state the procedure by which the judgment debtor may claim an exemption and file a request for an exemption hearing.
(2) The notification may be made by personal service or by United States mail, postage prepaid, to the judgment debtor's last-known address. If service is by mail, service is completed on the date the sheriff or levying officer places the notification in the mail.
History: En. Sec. 1, Ch. 89, L. 1999.
Structure Montana Code Annotated
Chapter 13. Execution of Judgment
25-13-201. Judgments for money or possession of property
25-13-202. Judgments requiring the sale of property
25-13-203. Judgments requiring the performance of specific acts
25-13-204. Enforcement of order to pay money
25-13-205. Judgments against county or county officer
25-13-206. through 25-13-210 reserved
25-13-211. Notification of seizure
25-13-212. Claiming exemption -- process -- time for hearing
25-13-213. Warrant of execution -- requirements -- penalties