Montana § 46-19-102 Execution Of Judgment

Montana Statutes

§ 46-19-102 — Execution Of Judgment

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 19 EXECUTION OF JUDGMENT·Part 1 Method of Execution

46-19-102 . Execution of judgment.

(1)If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on the fine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a judgment in a civil case.

(2)If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in 46-18-403 .

(3)(a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.

(b)In the event that a private person or entity is retained to collect the fine portion of a judgment, the cour

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46-19-102 . Execution of judgment. (1) If a judgment is for a fine alone or for a fine and imprisonment, execution may issue on the fine portion of the judgment, any unpaid interest accrued on the fine portion of the judgment, and costs and fees incurred in collecting the fine portion of the judgment as on a judgment in a civil case.
(2) If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in 46-18-403 .
(3) (a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.
(b) In the event that a private person or entity is retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's own name.
(c) The court, after deducting the charges provided for in 46-18-236 , may pay the private person or entity a reasonable fee for collecting the fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.

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Legislative History

En. 95-2302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2302; amd. Sec. 3, Ch. 270, L. 1989; amd. Sec. 5, Ch. 388, L. 1995; amd. Sec. 8, Ch. 510, L. 2003; amd. Sec. 2, Ch. 327, L. 2009.