Montana § 25-14-104 Procedure When Debt To Or Ownership Of Judgment Debtor Denied

Montana Statutes

§ 25-14-104 — Procedure When Debt To Or Ownership Of Judgment Debtor Denied

Montana·Title 25 CIVIL PROCEDURE·Ch. 14 PROCEEDINGS IN AID OF EXECUTION·Part 1 Proceedings to Determine Availability of Property

25-14-104 . Procedure when debt to or ownership of judgment debtor denied. If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.

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25-14-104 . Procedure when debt to or ownership of judgment debtor denied. If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.

Montana § 25-14-104 (Procedure When Debt To Or Ownership Of Judgment Debtor Denied) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 221, p. 89, Bannack Stat.; re-en. Sec. 244, p. 185, L. 1867; re-en. Sec. 293, Cod. Stat. 1871; re-en. Sec. 344, p. 135, L. 1877; re-en. Sec. 344, 1st Div. Rev. Stat. 1879; re-en. Sec. 356, 1st Div. Comp. Stat. 1887; re-en. Sec. 1266, C. Civ. Proc. 1895; re-en. Sec. 6854, Rev. C. 1907; re-en. Sec. 9460, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 720; re-en. Sec. 9460, R.C.M. 1935; R.C.M. 1947, 93-5907; amd. Sec. 471, Ch. 56, L. 2009.