Public-domain · open source
OpenJurist

Mont. Code Ann. § 25-13-211

Notification of seizure

Applied in 1 court decision — leading case 577 F. Supp. 2d 1128 - Wetherelt v. LARSEN LAW FIRM, PLLC. (2008)

Most recently applied in 577 F. Supp. 2d 1128 - Wetherelt v. LARSEN LAW FIRM, PLLC. (August 2008)

En

(1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must:

(a) inform the judgment debtor that certain described property or money of the judgment debtor's was seized to satisfy a judgment against the debtor;

(b) state the case name, the date of judgment, and the name of the judgment creditor;

(c) advise the judgment debtor that the judgment debtor may be entitled to claim an exemption from execution on the property as described in part 6 of this chapter or other provisions of state or federal law; and

(d) state the procedure by which the judgment debtor may claim an exemption and file a request for an exemption hearing.

(2) The notification may be made by personal service or by United States mail, postage prepaid, to the judgment debtor's last-known address. If service is by mail, service is completed on the date the sheriff or levying officer places the notification in the mail.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.