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Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-202. Plaintiff's affidavit

Current as of April 27, 2021 | Updated by FindLaw Staff

When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:

(1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1);

(2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;

(3) facts creating a reasonable belief that the defendant:

(a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;

(b) is disposing or about to dispose of the defendant's property that would be subject to execution;

(c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or

(d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution;

(4) a particular description and the actual value of the property to be attached;

(5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.

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Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-202. Plaintiff's affidavit - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-code-ann-sect-27-18-202/

Read this complete Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-202. Plaintiff's affidavit on Westlaw

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