Montana Code 61-6-125. Installment payment of judgments — default
61-6-125. Installment payment of judgments — default. (1) A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments. The court, in its discretion and without prejudice to any other legal remedies that the judgment creditor may have, may order payment in installments and fix the amounts and times of the payments.
Terms Used In Montana Code 61-6-125
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Judgment: means any judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use of property, or upon a cause of action on an agreement of settlement for damages. See Montana Code 61-6-102
- License: means a driver's license as defined in 61-1-101. See Montana Code 61-6-102
- Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
(2)The department may not suspend a license or a nonresident‘s operating privilege and shall restore any license or nonresident’s operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of compliance with 61-6-301 and obtains an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.
(3)If the judgment debtor fails to pay any installment as specified by a court order, then the department shall, upon notice of the default, suspend the license or nonresident’s operating privilege of the judgment debtor until the judgment is satisfied, as provided in this part.