Montana § 27-17-205 Plaintiff's Undertaking -- Service And Execution By Sheriff

Montana Statutes

§ 27-17-205 — Plaintiff's Undertaking -- Service And Execution By Sheriff

Montana § 27-17-205

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 17CLAIM AND DELIVERY OF PERSONAL PROPERTY

Part 2Procedure for Obtaining Seizure of Property

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Bluebook

Mont. Code Ann. § 27-17-205 (2026).

Text

27-17-205 . Plaintiff's undertaking -- service and execution by sheriff. Upon receipt of the affidavit and notice with a written undertaking, executed by two or more sufficient sureties approved by the sheriff or a letter of credit issued by a regulated lender as defined in 31-1-111 , in double the value of the property, as stated in the affidavit for the prosecution of the action, and for the return of the property to the defendant, if return of the property is adjudged, and for the payment to the defendant of the sum that may from any cause be recovered against the plaintiff, the sheriff shall take the property described in the affidavit, if it is in the possession of the defendant or the defendant's agent, and retain it in the sheriff's custody or deliver it to the plaintiff as provided

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27-17-205 . Plaintiff's undertaking -- service and execution by sheriff. Upon receipt of the affidavit and notice with a written undertaking, executed by two or more sufficient sureties approved by the sheriff or a letter of credit issued by a regulated lender as defined in 31-1-111 , in double the value of the property, as stated in the affidavit for the prosecution of the action, and for the return of the property to the defendant, if return of the property is adjudged, and for the payment to the defendant of the sum that may from any cause be recovered against the plaintiff, the sheriff shall take the property described in the affidavit, if it is in the possession of the defendant or the defendant's agent, and retain it in the sheriff's custody or deliver it to the plaintiff as provided in 27-17-311 . The sheriff shall also, without delay, serve on the defendant a copy of the affidavit, notice, and undertaking by delivering the papers to the defendant personally, if the defendant can be found, or to the defendant's agent from whose possession the property is taken or, if neither can be found, by leaving the papers at the usual place of abode of either with some person of suitable age and discretion or, if neither have any known place of abode, by putting the papers in the nearest post office, directed to the defendant.

Legislative History

En. Sec. 74, p. 56, Bannack Stat.; en. Sec. 102, p. 152, L. 1867; re-en. Sec. 119, p. 49, Cod. Stat. 1871; re-en. Sec. 157, p. 76, L. 1877; re-en. Sec. 157, 1st Div. Rev. Stat. 1879; re-en. Sec. 159, 1st Div. Comp. Stat. 1887; re-en. Sec. 843, C. Civ. Proc. 1895; re-en. Sec. 6625, Rev. C. 1907; re-en. Sec. 9223, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 512; re-en. Sec. 9223, R.C.M. 1935; R.C.M. 1947, 93-4104; amd. Sec. 663, Ch. 56, L. 2009; amd. Sec. 3, Ch. 389, L. 2019.