Montana § 53-6-183 Issuance Of Writ Of Execution By Clerk Of Court

Montana Statutes

§ 53-6-183 — Issuance Of Writ Of Execution By Clerk Of Court

Montana·Title 53 SOCIAL SERVICES AND INSTITUTIONS·Ch. 6 HEALTH CARE SERVICES·Part 1 Medical Assistance -- Medicaid

53-6-183 . Issuance of writ of execution by clerk of court.

(1)If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.

(2)The clerk shall issue the writ if:

(a)(i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176 ;

(ii)the department has filed an affidavit meeting the requirements of 53-6-176 (4); and

(iii)the department has filed a sworn application containing the statements required by 53-6-175 ; or

(b)the court has ordered the issuance of the writ in an action und

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53-6-183 . Issuance of writ of execution by clerk of court. (1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.
(2) The clerk shall issue the writ if:
(a) (i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176 ;
(ii) the department has filed an affidavit meeting the requirements of 53-6-176 (4); and
(iii) the department has filed a sworn application containing the statements required by 53-6-175 ; or
(b) the court has ordered the issuance of the writ in an action under 53-6-177 .

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