§ 27-17-301 Duty of sheriff to keep and deliver property
§ 27-17-302 Sheriff’s return of execution
§ 27-17-303 Exception to plaintiff’s sureties — justification — liability of sheriff
§ 27-17-304 When defendant may require return of property — undertaking
§ 27-17-305 Return of part of the property
§ 27-17-306 Justification of defendant’s sureties — liability of sheriff
§ 27-17-307 Procedure for qualification and justification of sureties
§ 27-17-308 Delivery of property to plaintiff if not returned to defendant
§ 27-17-309 Claim of property by third person — plaintiff to indemnify sheriff
§ 27-17-310 Answer of defendant claiming third person entitled to property
§ 27-17-311 Remedies of plaintiff following delivery by sheriff
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Terms Used In Montana Code > Title 27 > Chapter 17 > Part 3 - Procedure Following Seizure by Sheriff

  • 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
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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.