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Current as of January 01, 2024 | Updated by Findlaw Staff
A judge of a court having jurisdiction of the cause may issue a writ of attachment when:
(1) the judge has received the affidavit described in 27-18-202;
(2) the judge has approved the undertaking required in 27-18-204; and
(3) the party seeking attachment has made a prima facie showing:
(a) in the case of real property, of the right to attachment and the necessity for seizure;
(b) in the case of personal property:
(i) of the right to attachment and the necessity for seizure at a show cause hearing before the court with at least 3 days' notice to the defendant; if the defendant cannot be found for personal service, notice must be posted on the property and in three public places in the county where the property is located; or
(ii) of the right to attachment and the necessity for seizure and that the delay caused by notice and a hearing would seriously impair the remedy sought by the party seeking possession. Evidence of the impairment must be presented in open court, and the court shall set forth with specificity the reasons why the delay would seriously impair the remedy sought by the person seeking attachment.
Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-205. When judge may issue writ--notice - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-18-205/
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 before relying on it for your legal needs.
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