27-17-311. Remedies of plaintiff following delivery by sheriff. (1) When, as provided for in this chapter, the sheriff has taken property that is subject to a security interest arising under Title 30, chapter 9A, part 2, granted to plaintiff by defendant and return of the property is not required within 5 days after the taking and serving notice on the defendant, the sheriff shall deliver the property to the plaintiff.
(2) Upon delivery of the property by the sheriff, the plaintiff may then exercise the remedies available under Title 30, chapter 9A, part 6.
History: En. Sec. 2, Ch. 389, L. 2019.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 17. Claim and Delivery of Personal Property
Part 3. Procedure Following Seizure by Sheriff
27-17-301. Duty of sheriff to keep and deliver property
27-17-302. Sheriff's return of execution
27-17-303. Exception to plaintiff's sureties -- justification -- liability of sheriff
27-17-304. When defendant may require return of property -- undertaking
27-17-305. Return of part of the property
27-17-306. Justification of defendant's sureties -- liability of sheriff
27-17-307. Procedure for qualification and justification of sureties
27-17-308. Delivery of property to plaintiff if not returned to defendant
27-17-309. Claim of property by third person -- plaintiff to indemnify sheriff
27-17-310. Answer of defendant claiming third person entitled to property
27-17-311. Remedies of plaintiff following delivery by sheriff