25-13-211. Notification of seizure. (1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must:

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Terms Used In Montana Code 25-13-211

  • 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

(a)inform the judgment debtor that certain described property or money of the judgment debtor’s was seized to satisfy a judgment against the debtor;

(b)state the case name, the date of judgment, and the name of the judgment creditor;

(c)advise the judgment debtor that the judgment debtor may be entitled to claim an exemption from execution on the property as described in part 6 of this chapter or other provisions of state or federal law; and

(d)state the procedure by which the judgment debtor may claim an exemption and file a request for an exemption hearing.

(2)The notification may be made by personal service or by United States mail, postage prepaid, to the judgment debtor’s last-known address. If service is by mail, service is completed on the date the sheriff or levying officer places the notification in the mail.