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Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-702. When writ quashed

Current as of January 01, 2024 | Updated by Findlaw Staff

At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:

(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or

(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.

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Cite this article: FindLaw.com - Montana Title 27. Civil Liability, Remedies, and Limitations § 27-18-702. When writ quashed - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-27-civil-liability-remedies-and-limitations/mt-st-27-18-702/

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