Montana § 27-18-202 Plaintiff's Affidavit

Montana Statutes

§ 27-18-202 — Plaintiff's Affidavit

Montana § 27-18-202

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 18PREJUDGMENT ATTACHMENT

Part 2Procedure for Obtaining Writ

This text of Montana § 27-18-202 (Plaintiff's Affidavit) 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. § 27-18-202 (2026).

Text

27-18-202 . Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:

(1)facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101 (1);

(2)that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;

(3)facts creating a reasonable belief that the defendant:

(a)is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;

(b)is disposing or about to dispose of the defendant's property that would be subject to execution;

(c)has the power to dispose of or conceal or remove from the state property that would be subject to e

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27-18-202 . Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:
(1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101 (1);
(2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;
(3) facts creating a reasonable belief that the defendant:
(a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;
(b) is disposing or about to dispose of the defendant's property that would be subject to execution;
(c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or
(d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution;
(4) a particular description and the actual value of the property to be attached;
(5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.