Montana Effect of Execution by the Parties
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How to fill out Effect Of Execution By The Parties?
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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.
City Judge or Clerk. D. RETURN OF EXECUTION. The writ of execution shall remain in effect for 120 days from the date of receipt by the sheriff or levying officer and may be served multiple times during that period at the direction of the judgment creditor.
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.
Most judgments expire in 10 years after entry unless the judgment creditor renews it. Expired means the court won't force the person to pay it anymore. So, if someone tries to collect a judgment that is more than 10 years old, they legally can't unless it's been renewed.
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.
If the Defendant does not file a proper written answer within 20 days, Plaintiff is entitled to a Default Judgment. It is the Plaintiff's responsibility to file a written motion for a Default Judgment and attach an Affidavit of Amount Due. A judgment fee is not required for a Default Judgment.
So, before you make any payments to a debt collector, be sure to check the statute of limitations on your debt, which is generally eight years in Montana. If it's been more than eight years since you took any action on your debt account, then you cannot be sued for it.
