Montana Affidavit for Judgment by Confession for Money Due

State:
Multi-State
Control #:
US-03303BG
Format:
Word; 
Rich Text
Instant download

Description

A confession of judgment is a written agreement in which the defendant in a lawsuit admits liability and accepts the amount of agreed-upon damages that must be paid to the plaintiff. A confession of judgment may be filed as a court judgment against the defendant who does not pay or perform as agreed. Such an agreement attempts to minimize the need to resort to legal proceedings to resolve a dispute. Careful consideration needs to be given to signing an agreement for confession of judgment, since doing so signs away rights to contest a claim in a future dispute.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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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.

Civil Complaints vs. Small Claims Civil CourtSmall Claims CourtMoney/Value limit ? $15,000.00 plus incurred feesMoney/Value limit ? $7,000.00 plus incurred feesService of SummonsService of OrderMay file eviction/Action for Possession casesCANNOT file real estate eviction cases (Action for Possession)17 more rows

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.

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.

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. Praecipe - The winning party may ask the sheriff or a process server to serve papers on the other party.

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.

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Montana Affidavit for Judgment by Confession for Money Due