Montana Code 27-18-101. Cases in which property may be attached
27-18-101. Cases in which property may be attached. (1) Property may be attached in:
Terms Used In Montana Code 27-18-101
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Property: means real and personal property. See Montana Code 1-1-205
(a)an action upon a contract, express or implied, for the direct payment of money where the contract:
(i)is not secured by any mortgage or lien upon real property; or
(ii)is originally secured and such security has, without any act of the plaintiff or the person to whom the security was given, become valueless;
(b)an action based upon a statutory stockholders’ liability; and
(c)an action by a local government for the purpose of ensuring debris removal if it is determined that the underlying property is worth less than the cost of debris removal.
(2)Attachment may not issue if the defendant gives security to pay the judgment.
(3)For the purpose of this section, the guaranty of a loan in which the only condition precedent to the obligation of the guarantor is the default of the principal is an unconditional contract for the direct payment of money.