Montana Statutes
§ 27-18-711 — Motion To Discharge Writ Improperly Issued
Montana § 27-18-711
JurisdictionMontana
Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
Ch. 18PREJUDGMENT ATTACHMENT
Part 7Methods of Defending Against Attachment
This text of Montana § 27-18-711 (Motion To Discharge Writ Improperly Issued) 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. § 27-18-711 (2026).
Text
27-18-711 . Motion to discharge writ improperly issued. The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
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Legislative History
En. Sec. 138, p. 160, L. 1867; re-en. Sec. 156, p. 59, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 198, p. 89, L. 1877; re-en. Sec. 198, 1st Div. Rev. Stat. 1879; re-en. Sec. 200, 1st Div. Comp. Stat. 1887; en. Sec. 914, C. Civ. Proc. 1895; re-en. Sec. 6681, Rev. C. 1907; re-en. Sec. 9282, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 556; re-en. Sec. 9282, R.C.M. 1935; R.C.M. 1947, 93-4329.
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 UndertakingCite This Page — Counsel Stack
Bluebook (online)
Montana § 27-18-711, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/18/27-18-711.