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Current as of April 27, 2021 | Updated by FindLaw Staff
(1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.
(2) The clerk shall issue the writ if:
(a)(i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176;
(ii) the department has filed an affidavit meeting the requirements of 53-6-176(4); and
(iii) the department has filed a sworn application containing the statements required by 53-6-175; or
(b) the court has ordered the issuance of the writ in an action under 53-6-177.
Cite this article: FindLaw.com - Montana Title 53. Social Services and Institutions § 53-6-183. Issuance of writ of execution by clerk of court - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-53-social-services-and-institutions/mt-code-ann-sect-53-6-183/
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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