When Writ Quashed

Mont. Code Ann. § 27-18-702, under Methods of Defending Against Attachment.

Mont. Code Ann. § 27-18-702

At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that: (1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or (2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.