Montana Code 27-18-405. Debts, credits, and personal property in control of third person or not capable of manual delivery
27-18-405. Debts, credits, and personal property in control of third person or not capable of manual delivery. (1) Debts or credits and personal property not capable of manual delivery and personal property in the possession of a third person must be attached by leaving with the person owing the debt or having in the person’s possession or under the person’s control the credits and personal property or with the person’s agent a copy of the writ and a notice that the debts owing by the person to the defendant or the credits and other personal property in the person’s possession or under the person’s control, belonging to the defendant, are attached in pursuance of the writ.
Terms Used In Montana Code 27-18-405
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
- Writing: includes printing. See Montana Code 1-1-203
(2)Upon receiving information in writing from the plaintiff or the plaintiff’s attorney that any person has in the person’s possession or under the person’s control any credits or other personal property belonging to the defendant or is owing any debt to the defendant, the sheriff shall serve upon that person a copy of the writ and a notice that the credits or other property or debts are attached in pursuance of the writ.
(3)Debts and credits attached may be collected by the sheriff if the collection can be done without suit. The sheriff’s receipt is a sufficient discharge for the amount paid.