Montana Code Annotated
Part 7. Methods of Defending Against Attachment
27-18-702. When writ quashed

27-18-702. When writ quashed. At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:
(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or
(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.
History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(2); amd. Sec. 698, Ch. 56, L. 2009.

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