Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment

27-18-304. When sheriff may require written specification of property to be levied upon - 27-18-304. When sheriff may require written specification of property to...

27-18-305. Security for sheriff's costs - 27-18-305. Security for sheriff's costs. If the sheriff will incur...

27-18-306. Sheriff's duty to execute - 27-18-306. Sheriff's duty to execute. The sheriff to whom the...

27-18-307. Lien of attachment - 27-18-307. Lien of attachment. All liens by attachment shall accrue...

27-18-308. Attachment not released by defendant's death - 27-18-308. Attachment not released by defendant's death. The death of...

Part 4. Manner of Attaching Property

27-18-401. Sheriff to take custody of books and evidences of title - 27-18-401. Sheriff to take custody of books and evidences of...

27-18-402. Real property in defendant's name - 27-18-402. Real property in defendant's name. Real property standing upon...

27-18-403. Real property in another's name - 27-18-403. Real property in another's name. Real property or an...

27-18-404. Personal property capable of manual delivery - 27-18-404. Personal property capable of manual delivery. Personal property capable...

27-18-405. Debts, credits, and personal property in control of third person or not capable of manual delivery - 27-18-405. Debts, credits, and personal property in control of third...

27-18-406. Money, credits, or other property in control of public officer or board - 27-18-406. Money, credits, or other property in control of public...

27-18-407. Liability of third persons controlling property or debts and served by sheriff - 27-18-407. Liability of third persons controlling property or debts and...

27-18-408. Judgments - 27-18-408. Judgments. Judgments standing in favor of and in the...

27-18-409. Investment securities and stocks - 27-18-409. Investment securities and stocks. Investment securities, as defined in...

27-18-410. Corporate stock -- service on secretary of state - 27-18-410. Corporate stock -- service on secretary of state. In...

27-18-411. Duty of secretary of state -- fees - 27-18-411. Duty of secretary of state -- fees. (1) When...

27-18-412. Interest of defendant in decedent's estate - 27-18-412. Interest of defendant in decedent's estate. The interest of...

27-18-413. Personal property subject to a security interest - 27-18-413. Personal property subject to a security interest. Personal property...

27-18-414. Duty of secured party - 27-18-414. Duty of secured party. (1) The secured party under...

Part 5. Proceedings in Aid of Attachment

27-18-501. Examination under oath of defendant or person controlling property or debts -- order that property be delivered - 27-18-501. Examination under oath of defendant or person controlling property...

27-18-502. Person holding property to give sheriff certificate of defendant's interest - 27-18-502. Person holding property to give sheriff certificate of defendant's...

27-18-503. Order to person holding property to submit to examination under oath - 27-18-503. Order to person holding property to submit to examination...

Part 6. Procedure Following Attachment -- Return of Writ

27-18-601. Sheriff to retain nonperishable attached property and proceeds of sales - 27-18-601. Sheriff to retain nonperishable attached property and proceeds of...

27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff - 27-18-602. Claim of attached property by third person -- plaintiff...

27-18-603. Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts - 27-18-603. Sheriff's inventory of attached property -- cooperation of persons...

27-18-604. Sheriff's return of writ - 27-18-604. Sheriff's return of writ. The sheriff shall return the...

Part 7. Methods of Defending Against Attachment

27-18-701. Right to hearing following seizure without notice -- notice of right - 27-18-701. Right to hearing following seizure without notice -- notice...

27-18-702. When writ quashed - 27-18-702. When writ quashed. At the hearing the defendant may...

27-18-703. through 27-18-710 reserved - 27-18-703 through 27-18-710 reserved.

27-18-711. Motion to discharge writ improperly issued - 27-18-711. Motion to discharge writ improperly issued. The defendant may...

27-18-712. Use of affidavits to support or oppose motion - 27-18-712. Use of affidavits to support or oppose motion. If...

27-18-713. Decision of court - 27-18-713. Decision of court. If upon application it satisfactorily appears...

27-18-714. reserved - 27-18-714 reserved.

27-18-715. Exception to plaintiff's sureties - 27-18-715. Exception to plaintiff's sureties. At any time within 30...

27-18-716. Justification of sureties - 27-18-716. Justification of sureties. When excepted to, the plaintiff's sureties,...

27-18-717. through 27-18-720 reserved - 27-18-717 through 27-18-720 reserved.

27-18-721. Proceedings to release attachment - 27-18-721. Proceedings to release attachment. Whenever the defendant has appeared...

27-18-722. Defendant's undertaking -- justification of sureties - 27-18-722. Defendant's undertaking -- justification of sureties. Before making such...

27-18-723. and 27-18-724 reserved - 27-18-723 and 27-18-724 reserved.

27-18-725. Motion to vacate or modify writ or increase security - 27-18-725. Motion to vacate or modify writ or increase security....

27-18-726. Proceedings on motion - 27-18-726. Proceedings on motion. An application specified in 27-18-725 may...

27-18-727. through 27-18-730 reserved - 27-18-727 through 27-18-730 reserved.

27-18-731. Filing of order discharging or releasing attachment of real property - 27-18-731. Filing of order discharging or releasing attachment of real...

27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing - 27-18-732. Release of attachment of real property by clerk when...

Part 8. Sale of Attached Property

27-18-801. Sheriff to sell perishable property - 27-18-801. Sheriff to sell perishable property. If any of the...

27-18-802. Authority of court to order sale of property - 27-18-802. Authority of court to order sale of property. Whenever...

27-18-803. Notice of application for order to sell - 27-18-803. Notice of application for order to sell. Application for...

27-18-804. Sale of property subject to a security interest -- disposition of proceeds, security agreement - 27-18-804. Sale of property subject to a security interest --...

Part 9. Judgment and Subsequent Procedure

27-18-901. Judgment when debt not yet due - 27-18-901. Judgment when debt not yet due. (1) On the...

27-18-902. Procedure when defendant recovers judgment - 27-18-902. Procedure when defendant recovers judgment. If the defendant recovers...

27-18-903. Judgment for plaintiff -- disposition of attached property and proceeds of sales - 27-18-903. Judgment for plaintiff -- disposition of attached property and...

27-18-904. Delivery of excess property and proceeds to defendant - 27-18-904. Delivery of excess property and proceeds to defendant. Whenever...

27-18-905. Execution of balance due on judgment - 27-18-905. Execution of balance due on judgment. If, after selling...

27-18-906. Procedure when execution returned unsatisfied - 27-18-906. Procedure when execution returned unsatisfied. If the execution is...

Part 15. Attachment in Justice's Court

27-18-1501. Justice's authority to issue writ - 27-18-1501. Justice's authority to issue writ. A writ to attach...

27-18-1502. Plaintiff's undertaking - 27-18-1502. Plaintiff's undertaking. Before issuing the writ, the justice shall...

27-18-1503. Exception to sureties -- justification - 27-18-1503. Exception to sureties -- justification. Within 2 days after...

27-18-1504. Form and content of writ -- defendant's undertaking to prevent levy - 27-18-1504. Form and content of writ -- defendant's undertaking to...

27-18-1505. Security for sheriff's costs - 27-18-1505. Security for sheriff's costs. If the sheriff will incur...

27-18-1506. Applicability of procedure in district court - 27-18-1506. Applicability of procedure in district court. Part 1; 27-18-207,...

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Montana Code Annotated Title 27. Civil Liability, Remedies, and Limitations Chapter 18. Prejudgment Attachment

Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 18. Prejudgment Attachment