Montana § 27-18-1504 Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy

Montana Statutes

§ 27-18-1504 — Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 15 Attachment in Justice's Court

27-18-1504 . Form and content of writ -- defendant's undertaking to prevent levy.

(1)The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require the sheriff or constable to:

(a)attach and safely keep all the property of the defendant in the county, not exempt from attachment, or as much of the property as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or

(b)if the defendant gives security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand, besides costs, take the undertaking.

(2)The undertaking must be to the plaintiff and must be approved in writing on the back of the undertaking by the plaintiff or the plain

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27-18-1504 . Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ may be directed to the sheriff or any constable of the county or the sheriff of any other county and must require the sheriff or constable to:
(a) attach and safely keep all the property of the defendant in the county, not exempt from attachment, or as much of the property as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or
(b) if the defendant gives security by the undertaking of two sufficient sureties in an amount sufficient to satisfy the demand, besides costs, take the undertaking.
(2) The undertaking must be to the plaintiff and must be approved in writing on the back of the undertaking by the plaintiff or the plaintiff's attorney or, upon their refusal, by the justice issuing the writ.

Montana § 27-18-1504 (Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 570, p. 155, Bannack Stat.; re-en. Sec. 676, p. 172, Cod. Stat. 1871; re-en. Sec. 736, 1st Div. Rev. Stat. 1879; re-en. Sec. 756, 1st Div. Comp. Stat. 1887; re-en. Sec. 1562, C. Civ. Proc. 1895; amd. Sec. 2, p. 141, L. 1899; re-en. Sec. 7028, Rev. C. 1907; re-en. Sec. 9661, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 868; re-en. Sec. 9661, R.C.M. 1935; R.C.M. 1947, 93-6910; amd. Sec. 44, Ch. 12, L. 1979; amd. Sec. 712, Ch. 56, L. 2009.