Montana § 25-13-404 Return Of The Execution

Montana Statutes

§ 25-13-404 — Return Of The Execution

Montana § 25-13-404

Title 25CIVIL PROCEDURE

Ch. 13EXECUTION OF JUDGMENT

Part 4Execution and Return of Writ

This text of Montana § 25-13-404 (Return Of The Execution) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-13-404 (2026).

Text

25-13-404 . Return of the execution.

(1)Except as provided in 25-13-402 (6) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying officer following imposition of levy, as provided in 25-13-402 .

(2)The writ of execution issued by the county treasurer under 15-16-401 may be made returnable, at any time not less than 10 or more than 120 days after its receipt by the sheriff, to the county treasurer of the county in which the writ was issued.

(3)In compliance with the provisions of subsection (1) and in lieu of returning the writ of execution to the clerk of the court, the sheriff may enclose the return of th

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25-13-404 . Return of the execution. (1) Except as provided in 25-13-402 (6) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying officer following imposition of levy, as provided in 25-13-402 .
(2) The writ of execution issued by the county treasurer under 15-16-401 may be made returnable, at any time not less than 10 or more than 120 days after its receipt by the sheriff, to the county treasurer of the county in which the writ was issued.
(3) In compliance with the provisions of subsection (1) and in lieu of returning the writ of execution to the clerk of the court, the sheriff may enclose the return of the writ in an envelope to the officer, agent, or attorney who sent it and deposit it in the post office, prepaying the postage.

Legislative History

En. Sec. 212, p. 177, L. 1867; re-en. Sec. 253, p. 81, Cod. Stat. 1871; amd. Sec. 20, p. 57, L. 1874; re-en. Sec. 304, p. 119, L. 1877; re-en. Sec. 304, 1st Div. Rev. Stat. 1879; re-en. Sec. 315, 1st Div. Comp. Stat. 1887; re-en. Sec. 1213, C. Civ. Proc. 1895; re-en. Sec. 6816, Rev. C. 1907; re-en. Sec. 9419, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 683; re-en. Sec. 9419, R.C.M. 1935; R.C.M. 1947, 93-5804(part); amd. Sec. 107, Ch. 575, L. 1981; amd. Sec. 1, Ch. 91, L. 1983; amd. Sec. 4, Ch. 88, L. 1987; amd. Sec. 28, Ch. 548, L. 1987; amd. Sec. 2, Ch. 560, L. 2001.