Montana § 27-18-702 When Writ Quashed

Montana Statutes

§ 27-18-702 — When Writ Quashed

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 7 Methods of Defending Against Attachment

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.

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