§ 27-17-201 Plaintiff’s affidavit
§ 27-17-202 Description of property in affidavit
§ 27-17-203 Order from judge
§ 27-17-204 Endorsement requiring sheriff to take property
§ 27-17-205 Plaintiff’s undertaking — service and execution by sheriff
§ 27-17-206 Manner of seizure of concealed property
§ 27-17-207 Seizure when part of property cannot be found
§ 27-17-208 Security for sheriff’s costs when property seized

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Terms Used In Montana Code > Title 27 > Chapter 17 > Part 2 - Procedure for Obtaining Seizure of Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: means real and personal property. See Montana Code 1-1-205
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Usual: means according to usage. See Montana Code 1-1-206
  • Writing: includes printing. See Montana Code 1-1-203