27-18-725. Motion to vacate or modify writ or increase security. The defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached may, at any time before the actual application of the attached property or the proceeds of the property to the payment of a judgment recovered in the action, apply to vacate or modify the writ of attachment or to increase the security given by the plaintiff or for one or more of those forms of release together or in the alternative.
History: En. Sec. 917, C. Civ. Proc. 1895; re-en. Sec. 6684, Rev. C. 1907; re-en. Sec. 9285, R.C.M. 1921; re-en. Sec. 9285, R.C.M. 1935; R.C.M. 1947, 93-4332; amd. Sec. 702, Ch. 56, L. 2009.
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