Montana Code 27-17-309. Claim of property by third person — plaintiff to indemnify sheriff
27-17-309. Claim of property by third person — plaintiff to indemnify sheriff. If the property taken is claimed by any person other than the defendant or the defendant’s agent and the other person makes an affidavit of the person’s title to the property or right of the possession of the property, stating the grounds of the right or title, and serves the affidavit upon the sheriff, the sheriff is not bound to keep the property or deliver it to the plaintiff unless the plaintiff, on demand of the plaintiff or the plaintiff’s agent, indemnifies the sheriff against the claim by an undertaking by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. A claim to the property by any person other than the defendant or the defendant’s agent is not valid against the sheriff unless made as provided in this section.
Terms Used In Montana Code 27-17-309
- 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
- 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