MontanaSB 37369th Legislature, Regular Session (2025)SenateWALLET

Revise laws related to enforcement of liens

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

New court process for property liens

When payment is 30 days late, a lienor can file the case in the county where the contract was signed, where the owner lived when the case began, or where the property is. The court uses an order to show cause instead of a summons. The court may issue that order without first notifying the owner. For most liens, the lienor must file a sworn affidavit that they did the work at the owner’s request, describe the property, and itemize unpaid charges. For a nonpossessory special lien, the lienor must file the specific document required by law and a statement of charges. The order must set a hearing within 20 working days. The owner must get one certified-mail copy and one first-class copy at least 21 days before the hearing.

Sheriff sale rules and owner rights

After a court issues a lien judgment, the lienor must give a copy to the county sheriff where the property is. The sheriff must advertise and sell enough of the property at public auction to pay the lien, following standard sheriff sale rules. The owner can ask a court for a hearing to challenge any part of the sale. Sale money pays the lien and costs first, then other recorded lienholders by priority. Any money left goes to the owner.

Sponsors & Cosponsors

Sponsor

Barry Usher
Republican • Senate

Cosponsors

Morgan Thiel
Republican • House
Steve Fitzpatrick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 272 • No: 24

Senate vote • 4/11/2025

Do Concur

Yes: 97 • No: 2

Senate vote • 4/10/2025

Do Concur

Yes: 93 • No: 4

Senate vote • 3/3/2025

Do Pass

Yes: 43 • No: 7

Senate vote • 3/1/2025