Montana § 7-32-2131 Liability In Civil Actions

Montana Statutes

§ 7-32-2131 — Liability In Civil Actions

Montana·Title 7 LOCAL GOVERNMENT·Ch. 32 LAW ENFORCEMENT·Part 21 Sheriff's Office

7-32-2131 . Liability in civil actions.

(1)If the sheriff does not return a notice or process in the sheriff's possession with the necessary endorsement without delay, the sheriff is liable to the party aggrieved for $200 and for all damages sustained by the party.

(2)If the sheriff to whom a writ of execution or attachment is delivered neglects or refuses, after being required by the creditor or the creditor's attorney, to levy upon or sell any property of the party charged in the writ that is liable to be levied upon or sold, the sheriff is liable to the creditor for the value of the property.

(3)A direction or authority by a party or a party's attorney to a sheriff in respect to the execution of process or return of process or any act or omission relating to the process is not availa

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7-32-2131 . Liability in civil actions. (1) If the sheriff does not return a notice or process in the sheriff's possession with the necessary endorsement without delay, the sheriff is liable to the party aggrieved for $200 and for all damages sustained by the party.
(2) If the sheriff to whom a writ of execution or attachment is delivered neglects or refuses, after being required by the creditor or the creditor's attorney, to levy upon or sell any property of the party charged in the writ that is liable to be levied upon or sold, the sheriff is liable to the creditor for the value of the property.
(3) A direction or authority by a party or a party's attorney to a sheriff in respect to the execution of process or return of process or any act or omission relating to the process is not available to discharge or excuse the sheriff from a liability for neglect or misconduct unless it is contained in a writing signed by the attorney of the party or by the party.
(4) As used in this part, the following definitions apply:
(a) "Notice" includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding.
(b) "Process" includes all writs, warrants, summons, and orders of courts of justice or judicial officers.

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Legislative History

(1)En. Sec. 4387, Pol. C. 1895; re-en. Sec. 3016, Rev. C. 1907; re-en. Sec. 4780, R.C.M. 1921; Cal. Pol. C. Sec. 4179; re-en. Sec. 4780, R.C.M. 1935; Sec. 16-2708, R.C.M. 1947; (2)En. Sec. 4388, Pol. C. 1895; re-en. Sec. 3017, Rev. C. 1907; re-en. Sec. 4781, R.C.M. 1921; Cal. Pol. C. Sec. 4180; re-en. Sec. 4781, R.C.M. 1935; Sec. 16-2709, R.C.M. 1947; (3)En. Sec. 4393, Pol. C. 1895; re-en. Sec. 3022, Rev. C. 1907; re-en. Sec. 4786, R.C.M. 1921; Cal. Pol. C. Sec. 4185; re-en. Sec. 4786, R.C.M. 1935; amd. Sec. 1, Ch. 426, L. 1977; Sec. 16-2714, R.C.M. 1947; (4)En. Sec. 4380, Pol. C. 1895; re-en. Sec. 3009, Rev. C. 1907; re-en. Sec. 4773, R.C.M. 1921; Cal. Pol. C. Sec. 4175; re-en. Sec. 4773, R.C.M. 1935; Sec. 16-2701, R.C.M. 1947; R.C.M. 1947, 16-2701, 16-2708, 16-2709, 16-2714(part); amd. Sec. 699, Ch. 61, L. 2007.