Montana Code 23-5-183. Rebuttable presumption of forfeiture — rebuttal of presumption
23-5-183. Rebuttable presumption of forfeiture — rebuttal of presumption. (1) There is a rebuttable presumption of forfeiture.
Terms Used In Montana Code 23-5-183
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Personal property: All property that is not real property.
- Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)An owner of the personal property who has a verified answer on file may rebut the presumption by proving that the property was not used for the purpose charged or that the use of the property occurred without the owner’s knowledge or consent.
(3)A claimant of a security interest in the personal property who has a verified answer on file may preserve the security interest by proving that the security interest:
(a)is bona fide; and
(b)was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser of the personal property and without knowledge that the personal property was going to be or was used for the purpose charged.
(4)Subsection (3)(b) does not apply to:
(a)a person who has a lien for making repairs or performing labor upon, furnishing supplies or materials for, or providing storage for or safekeeping of the personal property;
(b)a person doing business under any law of this state or the United States relating to financial institutions, as defined in 32-6-103, loan companies, or licensed pawnbrokers; or
(c)a person regularly engaged in the business of selling or of purchasing conditional sales contracts for that type of personal property.