Montana Code 53-6-183. Issuance of writ of execution by clerk of court
53-6-183. Issuance of writ of execution by clerk of court. (1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.
Terms Used In Montana Code 53-6-183
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
- 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
(2)The clerk shall issue the writ if:
(a)(i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176;
(ii)the department has filed an affidavit meeting the requirements of 53-6-176(4); and
(iii)the department has filed a sworn application containing the statements required by 53-6-175; or
(b)the court has ordered the issuance of the writ in an action under 53-6-177.