Montana Writ of Attachment

State:
Montana
Control #:
MT-CVJD-008
Format:
Word; 
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Description

This form is an official Montana form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

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FAQ

What Is Writ of Attachment in California? Writ of attachment is a pre-judgment provisional remedy that in some circumstances could ensure availability of sufficient assets to satisfy a judgment obtained against the defendant.

How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed.These documents are part of common law and are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment.

A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

A writ of attachment is a form of prejudgment process in which the court orders the seizure or attachment of property specifically described in the writ. Such property is seized and maintained in the custody of a designated official, usually the U.S. Marshal, under order and supervision of the court.

(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.

A writ of body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. The process may also be called an order of commitment for civil contempt or a warrant for civil arrest.

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Montana Writ of Attachment