27-2-409. Acknowledgment of debt or part payment. (1) An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.
(2) An acknowledgment must be contained in some writing signed by the party to be charged thereby.
(3) Part payment is any payment of principal or interest.
History: En. Sec. 21, p. 469, Bannack Stat.; re-en. Sec. 19, p. 518, Cod. Stat. 1871; re-en. Sec. 53, p. 50, L. 1877; re-en. Sec. 53, 1st Div. Rev. Stat. 1879; re-en. Sec. 53, 1st Div. Comp. Stat. 1887; amd. Sec. 555, C. Civ. Proc. 1895; re-en. Sec. 6472, Rev. C. 1907; re-en. Sec. 9062, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 360; re-en. Sec. 9062, R.C.M. 1935; R.C.M. 1947, 93-2716; amd. Sec. 25, Ch. 12, L. 1979; amd. Sec. 6, Ch. 441, L. 1987.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 4. Circumstances Which Extend Period of Limitations
27-2-401. When person entitled to bring action is under a disability
27-2-402. When defendant is out of state
27-2-403. Actions involving aliens in time of war
27-2-404. When party dies before action commenced
27-2-405. When controversy submitted to arbitration
27-2-406. When action stayed by injunction or other order or statutory prohibition
27-2-407. When action terminated or judgment reversed