Montana Code 53-6-181. Delay in recovery — sale subject to lien
53-6-181. Delay in recovery — sale subject to lien. (1) If the department is precluded by 53-6-178(2) or (3) from recovery upon a lien imposed under 53-6-171 through 53-6-188, the department shall maintain the lien in place and upon elimination of the condition that precluded recovery, the department may recover under this section. The department may not file an application for issuance of a writ of execution to recover under this subsection more than 3 years after elimination of the last condition that precluded recovery.
Terms Used In Montana Code 53-6-181
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: means real and personal property. See Montana Code 1-1-205
- Recovery: means legal action brought for the payment or repayment of recoverable medical assistance or amounts of money paid for other purposes. See Montana Code 53-6-165
(2)If upon sale, transfer, or exchange of property subject to a lien imposed pursuant to 53-6-171 through 53-6-188 the department is precluded by 53-6-178(2) or (3) from recovering upon the lien, the lien remains in effect, subject to renewal as provided in 53-6-174, and the sale, transfer, or exchange is also subject to the lien.