Montana Statutes
§ 27-18-203 — Affidavit Requirements When Debt Not Yet Due
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 2 Procedure for Obtaining Writ
27-18-203 . Affidavit requirements when debt not yet due. Actions may be commenced and writs of attachment issued upon any debt for the payment of money or specific property before the debt has become due or upon a local government debris removal issue when it appears by the affidavit, in addition to what is required in 27-18-202 :
(1)that the defendant is leaving or is about to leave this state, taking property, money, or other effects that might be subjected to the payment of the debt, for the purpose of defrauding the defendant's creditors or a local government; or
(2)that the defendant is disposing of property or is about to dispose of property, subject to execution, for the purpose of defrauding the defendant's creditors or a local government.
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Legislative History
En. Sec. 1, p. 141, L. 1899; re-en. Sec. 6658, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1911; re-en. Sec. 9258, R.C.M. 1921; re-en. Sec. 9258, R.C.M. 1935; R.C.M. 1947, 93-4303(part); amd. Sec. 676, Ch. 56, L. 2009; amd. Sec. 3, Ch. 346, L. 2009.
Nearby Sections
15
§ 27-18-101
Cases In Which Property May Be Attached§ 27-18-102
What Property Subject To Attachment§ 27-18-103
Through 27-18-110 Reserved§ 27-18-112
Attachment Book To Be Kept By County Clerk§ 27-18-1501
Justice's Authority To Issue Writ§ 27-18-1502
Plaintiff's Undertaking§ 27-18-1503
Exception To Sureties -- Justification§ 27-18-1505
Security For Sheriff's Costs§ 27-18-1506
Applicability Of Procedure In District Court§ 27-18-201
Time For Attaching Property§ 27-18-202
Plaintiff's Affidavit§ 27-18-203
Affidavit Requirements When Debt Not Yet Due§ 27-18-204
Plaintiff's Undertaking