27-18-411. Duty of secretary of state -- fees. (1) When service of an order of a writ of execution is made through the secretary of state or the secretary of state's deputy, the secretary of state or the deputy shall promptly mail the copy of the writ, notice, and copy of the order by certified mail to the address of the corporation at its principal home office, as shown by the papers on file in the office of the secretary of state. The office of the secretary of state shall fill out and mail to the clerk of the court in which the action is pending a certificate of the mailing and shall attach the registry receipt for the letter. The order must be effective and the specified assets of the defendant must be attached upon the service of the writ as provided in this section.
(2) At the time the writ is served, the secretary of state shall charge and collect a fee, which must be set and deposited in accordance with 2-15-405. The fee may be claimed as a cost by the plaintiff.
History: En. Sec. 2, Ch. 128, L. 1937; R.C.M. 1947, 93-4309; amd. Sec. 11, Ch. 396, L. 2001.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment
Part 4. Manner of Attaching Property
27-18-401. Sheriff to take custody of books and evidences of title
27-18-402. Real property in defendant's name
27-18-403. Real property in another's name
27-18-404. Personal property capable of manual delivery
27-18-406. Money, credits, or other property in control of public officer or board
27-18-407. Liability of third persons controlling property or debts and served by sheriff
27-18-409. Investment securities and stocks
27-18-410. Corporate stock -- service on secretary of state
27-18-411. Duty of secretary of state -- fees
27-18-412. Interest of defendant in decedent's estate