27-18-701. Right to hearing following seizure without notice -- notice of right. When a writ has been issued upon real property or upon the showing specified in 27-18-205(3)(b)(ii), the defendant may challenge the seizure of the property at a hearing before the court to be held within 3 days after the seizure. Notice of the right to a postseizure hearing shall be served personally on the defendant, or if the defendant cannot be found for personal service, notice shall be posted on the property and in three public places in the county where the property is located.
History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(1).
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment
Part 7. Methods of Defending Against Attachment
27-18-701. Right to hearing following seizure without notice -- notice of right
27-18-703. through 27-18-710 reserved
27-18-711. Motion to discharge writ improperly issued
27-18-712. Use of affidavits to support or oppose motion
27-18-715. Exception to plaintiff's sureties
27-18-716. Justification of sureties
27-18-717. through 27-18-720 reserved
27-18-721. Proceedings to release attachment
27-18-722. Defendant's undertaking -- justification of sureties
27-18-723. and 27-18-724 reserved
27-18-725. Motion to vacate or modify writ or increase security
27-18-726. Proceedings on motion
27-18-727. through 27-18-730 reserved
27-18-731. Filing of order discharging or releasing attachment of real property
27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing