27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing. If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such real property, issue a release of the attachment and a copy of such release shall be filed with the county clerk where the writ of attachment and notice thereof is filed and the county clerk shall file and index such release as any other releases of attachment.
History: En. Sec. 1, Ch. 97, L. 1965; R.C.M. 1947, 93-4331.1.
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