Public-domain · open source
OpenJurist

Mont. Code Ann. § 27-17-201

Plaintiff's affidavit

Applied in 1 court decision — leading case LeFer v. Murry (2013)

Most recently applied in LeFer v. Murry (October 2013)

En

When a delivery is claimed, an affidavit must be made by the person claiming the property or someone on the person's behalf, stating:

(1) facts that establish reasonable belief that the person claiming the property is the owner or is lawfully entitled to possession and that the seizure is necessary to prevent the removal or destruction of the property;

(2) that the property is wrongfully detained by the defendant;

(3) that the property has not been taken for a tax, assessment, or fine, pursuant to statute, or seized under an execution or an attachment against the property of the person claiming the property or, if seized, that it is by statute exempt from seizure; and

(4) a particular description of the property and the actual value of the property.

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.