27-18-207. Alias writs. Whenever a writ of attachment has been lost or whenever it appears from the sheriff's return of the writ that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for any reason, the levy of the original writ is void or ineffective, the clerk of the court, upon written demand of the plaintiff or the plaintiff's attorney, shall issue an alias writ in the same form as the original. However, an alias writ may not be issued in an action after the commencement of the trial. A new or additional affidavit or undertaking on attachment may not be required for the issuance of an alias writ. Alias writs of attachment may be issued to the sheriffs of different counties.
History: En. Sec. 1, Ch. 121, L. 1921; re-en. Sec. 9275, R.C.M. 1921; re-en. Sec. 9275, R.C.M. 1935; R.C.M. 1947, 93-4322; amd. Sec. 679, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment
Part 2. Procedure for Obtaining Writ
27-18-201. Time for attaching property
27-18-202. Plaintiff's affidavit
27-18-203. Affidavit requirements when debt not yet due
27-18-204. Plaintiff's undertaking
27-18-205. When judge may issue writ -- notice
27-18-206. Issuance of several writs to different counties
27-18-207. Alias writs