§ 25-9-504 — Notice Of Filing

Montana § 25-9-504

• Jurisdiction: Montana
• Title 25: CIVIL PROCEDURE
• Ch. 9: JUDGMENT
• Part 5: Uniform Enforcement of Foreign Judgments

Text

25-9-504 . Notice of filing. (1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable and the extent to which it has been satisfied.
(2) Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on the judgment creditor's behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor's attorney of record, if any, each at the person's last-known address, by certified mail, return receipt requested. The notice must include the name and post-office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.
(3) The proceeds of an execution may not be distributed to the judgment creditor earlier than 30 days after the date of mailing the notice of filing.

Legislative History

En. Sec. 4, Ch. 66, L. 1989; amd. Sec. 422, Ch. 56, L. 2009.