Montana § 27-18-702 When Writ Quashed

Montana Statutes

§ 27-18-702 — When Writ Quashed

Montana § 27-18-702

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 18PREJUDGMENT ATTACHMENT

Part 7Methods of Defending Against Attachment

This text of Montana § 27-18-702 (When Writ Quashed) 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. § 27-18-702 (2026).

Text

27-18-702 . When writ quashed. At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:

(1)the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or

(2)the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.

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27-18-702 . When writ quashed. At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:
(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or
(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.