Title 25, Title 25

When the judgment is for money or the possession of real or personal property, the judgment may be enforced by a writ of execution. If the judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor after the return of an exe…

When the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment or the material parts thereof and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith.

(1) When the judgment requires the performance of any other act than those designated in 25-13-201 and 25-13-202, a certified copy of the judgment may be served upon the party against whom the same is rendered or upon the person or officer required thereby or by law to obey the s…

Whenever an order for the payment of a sum of money is made by a court or judge pursuant to the provisions of this code, it may be enforced by execution in the same manner as if it were a judgment.

When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the officer's name of office, when the judgment is to be paid by the county, execution may not issue upon the judgment, but the judgment must be paid in the…

(1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must: (a) inform the judgment debtor that certain…

(1) To claim an exemption from execution, a judgment debtor shall file a written request for a hearing with the court that issued the execution accompanied by a written statement that describes the property that the judgment debtor claims is exempt and the reasons for the claim t…

(1) If there is reason to believe that there is personal property subject to execution that is located in the judgment debtor's residence, the judgment creditor or the judgment creditor's attorney may file an application for a warrant of execution with the court. (2) The applicat…

(1) The writ of execution must: (a) be issued in the name of the state of Montana, sealed with the seal of the court, and subscribed by the clerk; (b) be directed to the sheriff or levying officer; (c) intelligibly refer to the judgment, stating the court and the county where it …

Upon the rendition of any judgment, if it is shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the defendants are sureties of the principal debtor, the court may order the judgment to state that fact. Upon the…

When a writ of execution is issued on a judgment recovered against two or more persons in an action upon a joint contract, in which action all the defendants were not served with summons or did not appear, it must direct the sheriff or levying officer to satisfy the judgment out …

If the writ is against the property of the judgment debtor, the writ must require the sheriff or levying officer to satisfy the judgment, with interest, out of the personal property of the debtor and, if sufficient personal property cannot be found, out of the debtor's real prope…

If the judgment be a lien upon real property, the writ shall require the sheriff or levying officer to satisfy the judgment, with interest, out of the real property belonging to the judgment debtor on the day when the judgment was docketed or at any time thereafter or, if the exe…

If the writ be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff or levying officer to satisfy the judgment, with interest, out of such property.

If the writ be for the delivery of the possession of real or personal property, it must require the sheriff or levying officer to deliver the possession of the same, particularly describing it, to the party entitled thereto and may at any time require the sheriff or levying offic…

If the writ is against the person of the judgment debtor, it must require the sheriff to arrest the debtor and commit the debtor to the jail of the county until the debtor pays the judgment, with interest, or is discharged, according to law.

Where the execution is against the property of the judgment debtor, it may be issued to the sheriff or levying officer of any county in the state. Where it requires the delivery of real or personal property, it must be issued to the sheriff or levying officer of the county where …

(1) (a) The sheriff or levying officer shall, subject to subsections (6) and (7), execute the writ against the property of the judgment debtor not later than 120 days after receipt of the writ by: (i) levying on a sufficient amount of property if there is sufficient property; (ii…

If the sheriff or levying officer will incur substantial costs in transporting, keeping, or storing the property seized, the party requesting service of a writ of execution shall provide a bond or other security to pay for all costs which may be incurred as a result of the servic…

(1) Except as provided in 25-13-402(6) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 120 days after receipt of the recovery by the sheriff or levying off…

If any real estate is levied upon, the clerk shall record the execution and the return of the execution at large and certify the execution and return as true copies in a book to be called the "execution book", which must be indexed, with the names of the plaintiffs and defendants…

All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Shares and interest in any c…

After the issuing of an execution against property and before its return, a person indebted to the judgment debtor may pay to the sheriff the amount of the person's debt or as much of the debt as is necessary to satisfy the execution. The sheriff's receipt is sufficient discharge…

If personal property levied upon be claimed by a third person, the same proceedings shall be had as provided in attachment in 27-18-602.

The provisions of 27-18-406, relating to the garnishment of public officers, apply to the levy of an execution.

Personal property subject to a security interest may be taken on execution issued at the suit of a creditor of the debtor under the security agreement; but before the property is so taken, the officer levying the writ must pay or tender to the secured party the amount of the secu…

(1) The secured party under any security agreement of record is required, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a judgment of the creditor against the debtor, to make and file in the office of the county c…

Any waiver of statutory exemption from execution in an unsecured promissory note shall be unenforceable.

(1) An individual's medical care savings account under Title 15, chapter 61, a health savings account under 26 U.S.C. 223, or a medical savings account under 26 U.S.C. 220: (a) is exempt from creditor processes; (b) is not liable to attachment, garnishment, or similar legal proce…

A resident of this state is entitled to the exemptions provided in this part.

Notwithstanding any other provision of this part, a creditor may levy against exempt property to enforce a claim for: (1) the purchase price of the property; or (2) a loan made for the express purpose of enabling the judgment debtor to purchase the property and used for that purp…

(1) A judgment debtor is entitled to exemption from execution of the following: (a) professionally prescribed health aids for the judgment debtor or a dependent of the judgment debtor; (b) benefits the judgment debtor has received or is entitled to receive under federal social se…

A judgment debtor is entitled to exemption from execution of the following: (1) the judgment debtor's interest, not to exceed $7,000 in aggregate value, to the extent of a value not exceeding $1,250 in any item of property, in household furnishings and goods, appliances, jewelry,…

(1) If money or other property exempt under 25-13-608 and 25-13-609 has been sold or has been lost, damaged, or destroyed and the judgment debtor has been indemnified for the property, the debtor is entitled for 6 months to an exemption of proceeds that are traceable, such as in …

(1) In addition to the property mentioned in 25-13-609(1), the following property is exempt from all judgment debtors: (a) all necessary firefighting equipment and facilities of a governmental fire agency organized under Title 7, chapter 33; (b) all arms, uniforms, and accouterme…

(1) Earnings of a judgment debtor that are not subject to garnishment, as provided in this section, are exempt. (2) Except as provided in subsections (3) and (4), the maximum part of the aggregate disposable earnings of a judgment debtor for any workweek that is subjected to garn…

The homestead of a judgment debtor exempt from execution is provided for in Title 70, chapter 32.

(1) Before the sale of the property on execution, notice must be given as follows: (a) in case of perishable property, by posting written notice of the time and place of the sale in three public places in the county where the sale is to take place for a time that is reasonable co…

An officer selling without the notice prescribed by 25-13-701 forfeits $500 to the aggrieved party in addition to the party's actual damages. A person willfully taking down or defacing the notice posted, if done before the sale or satisfaction of the judgment, if the judgment is …

Good cause therefor appearing, the officer holding the execution may postpone any sale noticed thereunder for a period not exceeding 15 days, by public proclamation at the time and place fixed in the notice of sale and by posting a notice in three public places in the township wh…

(1) All sales of property under execution must be made at auction to the highest bidder, between the hours of 9 a.m. and 5 p.m. After sufficient property has been sold to satisfy the execution, no more property may be sold. The officer holding the execution or the officer's deput…

If a purchaser refuses to pay the amount bid by the purchaser for the property sold to the purchaser at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss is occasioned by the subsequent sale, the officer may recover…

When a purchaser refuses to pay, the officer may reject any subsequent bid of that purchaser.

Sections 25-13-705 and 25-13-706 must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser and the amount collected from the purchaser refusing to pay.

When the purchaser of any personal property capable of manual delivery pays the purchase price, the officer making the sale shall deliver to the purchaser the property and, if desired, execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purc…

When the purchaser of any personal property not capable of manual delivery pays the purchase price, the officer making the sale shall execute and deliver to the purchaser a certificate of sale. The certificate conveys to the purchaser all rights that the debtor had in the propert…