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§ 27-18-202 — Montana Law | CourtGPT
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  2. Laws/
  3. Montana/
  4. Title 27 - Civil Liability, Remedies, and Limitations/
  5. Chapter 18 - Prejudgment Attachment/
  6. Part 2 - Procedure for Obtaining Writ27-18-201. Time for Attaching Property/
  7. § 27-18-202
Montana Legal Code

§ 27-18-202

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27-18-202. Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating: (1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1); (2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant; (3) facts creating a reasonable belief that the defendant: (a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt; (b) is disposing or about to dispose of the defendant's property that would be subject to execution; (c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or (d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution; (4) a particular description and the actual value of the property to be attached; (5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal. History: En. 93-4302.1 by Sec. 2, Ch. 299, L.

tached; (5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal. History: En. 93-4302.1 by Sec. 2, Ch. 299, L. 1977; R.C.M. 1947, 93-4302.1; amd. Sec. 675, Ch. 56, L. 2009; amd. Sec. 2, Ch. 346, L. 2009.

Source: https://mca.legmt.gov/bills/mca/title_0270/chapter_0180/part_0020/section_0020/0270-0180-0020-0020.html· Version 2025