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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-17-201. Plaintiff's affidavit - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-code-ann-sect-27-17-201/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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