Montana § 27-18-301 Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy

Montana Statutes

§ 27-18-301 — Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy

Montana § 27-18-301

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 18PREJUDGMENT ATTACHMENT

Part 3Writ of Attachment -- Execution

This text of Montana § 27-18-301 (Form And Content Of Writ -- Defendant's Undertaking To Prevent Levy) 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. § 27-18-301 (2026).

Text

27-18-301 . Form and content of writ -- defendant's undertaking to prevent levy.

(1)The writ must be directed to the sheriff of any county in which property of the defendant may be located and must require the sheriff to:

(a)attach and safely keep all the property of the defendant within the sheriff's 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 the sheriff security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy the demand, besides costs, or in an amount equal to the value of the property that has been or is about to be attached, take the undertaking.

(2)The undertaking mus

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27-18-301 . Form and content of writ -- defendant's undertaking to prevent levy. (1) The writ must be directed to the sheriff of any county in which property of the defendant may be located and must require the sheriff to:
(a) attach and safely keep all the property of the defendant within the sheriff's 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 the sheriff security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy the demand, besides costs, or in an amount equal to the value of the property that has been or is about to be attached, take the undertaking.
(2) The undertaking must be to the plaintiff in the action 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 judge of the district court of the same county as the residence of the sheriff.

Legislative History

En. Sec. 94, p. 61, Bannack Stat.; amd. Sec. 123, p. 156, L. 1867; re-en. Sec. 140, p. 55, Cod. Stat. 1871; amd. Sec. 1, p. 47, L. 1874; amd. Sec. 182, p. 83, L. 1877; re-en. Sec. 182, 1st Div. Rev. Stat. 1879; re-en. Sec. 184, 1st Div. Comp. Stat. 1887; re-en. Sec. 893, C. Civ. Proc. 1895; en. Sec. 1, p. 140, L. 1899; re-en. Sec. 6660, Rev. C. 1907; re-en. Sec. 9260, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 540; re-en. Sec. 9260, R.C.M. 1935; R.C.M. 1947, 93-4305(part); amd. Sec. 40, Ch. 12, L. 1979; amd. Sec. 680, Ch. 56, L. 2009.