Montana Assignment of Judgment
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FAQ
Writ of Execution: After being awarded a Judgment, you may file a written request for a Writ of Execution. A Writ can be used to garnish wages or execute against a checking or savings account. A Writ can only be served by the Sheriff's Office or a licensed levying officer.
Execution of Judgment: Execution refers to an official document that directs a sheriff to take possession of a judgment debtor's property so that it either (a) may be turned over to the judgment creditor or (b) may be sold at public sale so that the proceeds may be turned over to the judgment creditor.
Montana's time limits for filing a civil action generally range from two to three years. However, actions for collection on the value of a court judgment carry a ten-year limit.
Rule 6. Application of these rules. (1) What a court may review upon appeal from a judgment. A party may appeal from a final judgment in an action or special proceeding and from those final orders specified in sections (2), (3), and (4) of this rule.
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.
If a judgment debtor does not voluntarily pay the judgment, the judgment creditor can try to collect the money from the judgment debtor involuntarily. This is called ?executing? the judgment. A judgment creditor can execute upon a judgment debtor's wages, real property, bank account, or cash box.
An execution is an order to the Sheriff or levying officer to assist the collection process. The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor.
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.
