Montana Code 27-18-202. Plaintiff’s affidavit
27-18-202. Plaintiff’s affidavit. When attachment of a defendant‘s property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff’s behalf stating:
Terms Used In Montana Code 27-18-202
- 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
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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
(1)facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1);
(2)that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;
(3)facts creating a reasonable belief that the defendant:
(a)is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;
(b)is disposing or about to dispose of the defendant’s property that would be subject to execution;
(c)has the power to dispose of or conceal or remove from the state property that would be subject to execution; or
(d)is likely to suffer liens or encumbrances on the defendant’s property that would be subject to execution;
(4)a particular description and the actual value of the property to be attached;
(5)facts creating a reasonable basis for a local government’s belief that the underlying property is worth less than the cost of debris removal.