§ 27-18-701 Right to hearing following seizure without notice — notice of right
§ 27-18-702 When writ quashed
§ 27-18-711 Motion to discharge writ improperly issued
§ 27-18-712 Use of affidavits to support or oppose motion
§ 27-18-713 Decision of court
§ 27-18-714 reserved
§ 27-18-715 Exception to plaintiff’s sureties
§ 27-18-716 Justification of sureties
§ 27-18-721 Proceedings to release attachment
§ 27-18-722 Defendant’s undertaking — justification of sureties
§ 27-18-725 Motion to vacate or modify writ or increase security
§ 27-18-726 Proceedings on motion
§ 27-18-731 Filing of order discharging or releasing attachment of real property
§ 27-18-732 Release of attachment of real property by clerk when action not prosecuted — filing
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Terms Used In Montana Code > Title 27 > Chapter 18 > Part 7 - Methods of Defending Against Attachment

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: means real and personal property. See Montana Code 1-1-205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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