Montana Statutes
§ 27-18-207 — Alias Writs
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 2 Procedure for Obtaining Writ
27-18-207 . Alias writs. Whenever a writ of attachment has been lost or whenever it appears from the sheriff's return of the writ that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for any reason, the levy of the original writ is void or ineffective, the clerk of the court, upon written demand of the plaintiff or the plaintiff's attorney, shall issue an alias writ in the same form as the original. However, an alias writ may not be issued in an action after the commencement of the trial. A new or additional affidavit or undertaking on attachment may not be required for the issuance of an alias writ. Alias writs of attachment may be issued to the sheriffs of different counti
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Legislative History
En. Sec. 1, Ch. 121, L. 1921; re-en. Sec. 9275, R.C.M. 1921; re-en. Sec. 9275, R.C.M. 1935; R.C.M. 1947, 93-4322; amd. Sec. 679, Ch. 56, 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