Montana Statutes
§ 27-18-602 — Claim Of Attached Property By Third Person -- Plaintiff To Indemnify Sheriff
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 6 Procedure Following Attachment -- Return of Writ
27-18-602 . Claim of attached property by third person -- plaintiff to indemnify sheriff. If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, gives the sheriff a good and sufficient bond to indemnify the sheriff against loss or damage by reason of retaining the property, the sheriff shall deliver the property to the person making the claim.
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Legislative History
En. Sec. 149, p. 57, Cod. Stat. 1871; re-en. Sec. 191, p. 87, L. 1877; re-en. Sec. 191, 1st Div. Rev. Stat. 1879; re-en. Sec. 193, 1st Div. Comp. Stat. 1887; en. Sec. 906, C. Civ. Proc. 1895; re-en. Sec. 6673, Rev. C. 1907; re-en. Sec. 9273, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 549; re-en. Sec. 9273, R.C.M. 1935; R.C.M. 1947, 93-4320; amd. Sec. 695, 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