reglab/housing_qa huggingface dataset:
MT Code § 27-18-603 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 6. Procedure Following Attachment -- Return of Writ|27-18-603. Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts

  27-18-603. Sheriff's inventory of attached property -- cooperation of persons controlling credits or debts. (1) The sheriff shall make a full inventory of the property attached and return the inventory with the writ. When the sheriff has levied several writs of attachment on the same property, only one inventory must be made.   (2) To enable the sheriff to make the return as to debts and credits attached, the sheriff shall request, at the time of service, the person owing the debt or having the credit to give the sheriff the memorandum, stating the amount and description of each debt or credit. If the memorandum is refused, the sheriff may apply upon 1 day's notice to the court or judge for an order to compel the memorandum to be given. If the order is granted, it must also direct the payment of costs of the motion by the person refusing.   History: En. Sec. 100, p. 63, Bannack Stat.; amd. Sec. 129, p. 158, L. 1867; re-en. Sec. 147, p. 57, Cod. Stat. 1871; re-en. Sec. 189, p. 86, L. 1877; re-en. Sec. 189, 1st Div. Rev. Stat. 1879; re-en. Sec. 191, 1st Div. Comp. Stat. 1887; re-en. Sec. 902, C. Civ. Proc. 1895; re-en. Sec. 6669, Rev. C. 1907; re-en. Sec. 9269, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 546; re-en. Sec. 9269, R.C.M. 1935; R.C.M. 1947, 93-4316; amd. Sec. 696, Ch. 56, L. 2009.
MT Code § 27-18-604 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 6. Procedure Following Attachment -- Return of Writ|27-18-604. Sheriff's return of writ

  27-18-604. Sheriff's return of writ. The sheriff shall return the writ of attachment with the summons if issued at the same time, otherwise, within 20 days after the writ's receipt, with a certificate of the sheriff's proceedings endorsed on or attached to the writ.   History: En. Sec. 114, p. 66, Bannack Stat.; re-en. Sec. 141, p. 160, L. 1867; re-en. Sec. 159, p. 59, Cod. Stat. 1871; re-en. Sec. 201, p. 89, L. 1877; re-en. Sec. 201, 1st Div. Rev. Stat. 1879; re-en. Sec. 203, 1st Div. Comp. Stat. 1887; amd. Sec. 919, C. Civ. Proc. 1895; re-en. Sec. 6686, Rev. C. 1907; re-en. Sec. 9287, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 559; re-en. Sec. 9287, R.C.M. 1935; R.C.M. 1947, 93-4334(part); amd. Sec. 697, Ch. 56, L. 2009.
MT Code § 27-18-701 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-701. Right to hearing following seizure without notice -- notice of right

  27-18-701. Right to hearing following seizure without notice -- notice of right. When a writ has been issued upon real property or upon the showing specified in 27-18-205(3)(b)(ii), the defendant may challenge the seizure of the property at a hearing before the court to be held within 3 days after the seizure. Notice of the right to a postseizure hearing shall be served personally on the defendant, or if the defendant cannot be found for personal service, notice shall be posted on the property and in three public places in the county where the property is located.   History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(1).
MT Code § 27-18-702 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-702. When writ quashed

  27-18-702. When writ quashed. At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:   (1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or   (2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.   History: En. 93-4304.2 by Sec. 5, Ch. 299, L. 1977; R.C.M. 1947, 93-4304.2(2); amd. Sec. 698, Ch. 56, L. 2009.
MT Code § 27-18-703 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-703. through 27-18-710 reserved

  27-18-703 through 27-18-710 reserved.
MT Code § 27-18-711 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-711. Motion to discharge writ improperly issued

  27-18-711. Motion to discharge writ improperly issued. The defendant may also, at any time either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to a judge thereof that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.   History: En. Sec. 138, p. 160, L. 1867; re-en. Sec. 156, p. 59, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 198, p. 89, L. 1877; re-en. Sec. 198, 1st Div. Rev. Stat. 1879; re-en. Sec. 200, 1st Div. Comp. Stat. 1887; en. Sec. 914, C. Civ. Proc. 1895; re-en. Sec. 6681, Rev. C. 1907; re-en. Sec. 9282, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 556; re-en. Sec. 9282, R.C.M. 1935; R.C.M. 1947, 93-4329.
MT Code § 27-18-712 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-712. Use of affidavits to support or oppose motion

  27-18-712. Use of affidavits to support or oppose motion. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was made.   History: En. Sec. 139, p. 160, L. 1867; re-en. Sec. 157, p. 59, Cod. Stat. 1871; re-en. Sec. 199, p. 89, L. 1877; re-en. Sec. 199, 1st Div. Rev. Stat. 1879; re-en. Sec. 201, 1st Div. Comp. Stat. 1887; re-en. Sec. 915, C. Civ. Proc. 1895; re-en. Sec. 6682, Rev. C. 1907; re-en. Sec. 9283, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 557; re-en. Sec. 9283, R.C.M. 1935; R.C.M. 1947, 93-4330.
MT Code § 27-18-713 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-713. Decision of court

  27-18-713. Decision of court. If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged. But the court or judge may allow the plaintiff to amend the plaintiff's affidavit or undertaking.   History: En. Sec. 140, p. 160, L. 1867; re-en. Sec. 158, p. 59, Cod. Stat. 1871; re-en. Sec. 200, p. 89, L. 1877; re-en. Sec. 200, 1st Div. Rev. Stat. 1879; re-en. Sec. 202, 1st Div. Comp. Stat. 1887; amd. Sec. 916, C. Civ. Proc. 1895; re-en. Sec. 6683, Rev. C. 1907; re-en. Sec. 9284, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 558; re-en. Sec. 9284, R.C.M. 1935; R.C.M. 1947, 93-4331; amd. Sec. 699, Ch. 56, L. 2009.
MT Code § 27-18-714 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-714. reserved

  27-18-714 reserved.
MT Code § 27-18-715 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-715. Exception to plaintiff's sureties

  27-18-715. Exception to plaintiff's sureties. At any time within 30 days after the service of summons, the defendant may take exception to the sufficiency of the sureties. If the defendant fails to do so, the defendant is considered to have waived all objections to the sureties.   History: En. Sec. 93, p. 61, Bannack Stat.; amd. Sec. 122, p. 156, L. 1867; amd. Sec. 12, p. 65, L. 1869; amd. Sec. 7, p. 75, L. 1870; amd. Sec. 138, p. 54, Cod. Stat. 1871; amd. Sec. 20, p. 56, L. 1874; amd. Sec. 180, p. 82, L. 1877; re-en. Sec. 180, 1st Div. Rev. Stat. 1879; amd. Sec. 6, p. 9, L. 1881; re-en. Sec. 182, 1st Div. Comp. Stat. 1887; en. Sec. 892, C. Civ. Proc. 1895; re-en. Sec. 6659, Rev. C. 1907; re-en. Sec. 9259, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 539; re-en. Sec. 9259, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1951; amd. Sec. 1, Ch. 303, L. 1967; amd. Sec. 3, Ch. 299, L. 1977; R.C.M. 1947, 93-4304(2); amd. Sec. 700, Ch. 56, L. 2009.
MT Code § 27-18-716 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-716. Justification of sureties

  27-18-716. Justification of sureties. When excepted to, the plaintiff's sureties, upon notice to the defendant of not less than 2 days or more than 10 days, must justify before a judge of the district court, and upon failure to justify or if others in their place fail to justify at the time and place appointed, the judge shall issue an order vacating the writ of attachment.   History: En. Sec. 93, p. 61, Bannack Stat.; amd. Sec. 122, p. 156, L. 1867; amd. Sec. 12, p. 65, L. 1869; amd. Sec. 7, p. 75, L. 1870; amd. Sec. 138, p. 54, Cod. Stat. 1871; amd. Sec. 20, p. 56, L. 1874; amd. Sec. 180, p. 82, L. 1877; re-en. Sec. 180, 1st Div. Rev. Stat. 1879; amd. Sec. 6, p. 9, L. 1881; re-en. Sec. 182, 1st Div. Comp. Stat. 1887; en. Sec. 892, C. Civ. Proc. 1895; re-en. Sec. 6659, Rev. C. 1907; re-en. Sec. 9259, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 539; re-en. Sec. 9259, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1951; amd. Sec. 1, Ch. 303, L. 1967; amd. Sec. 3, Ch. 299, L. 1977; R.C.M. 1947, 93-4304(3).
MT Code § 27-18-717 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-717. through 27-18-720 reserved

  27-18-717 through 27-18-720 reserved.
MT Code § 27-18-721 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-721. Proceedings to release attachment

  27-18-721. Proceedings to release attachment. Whenever the defendant has appeared in the action, the defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending or to the judge for an order to discharge the attachment, wholly or in part. Upon the execution of the undertaking mentioned in 27-18-722, an order may be made releasing from the operation of the attachment any or all of the property attached. All of the property released and all of the proceeds of the sale of the property must be delivered to the defendant upon the justification of the sureties on the undertaking, if required by the plaintiff.   History: En. Sec. 108, p. 65, Bannack Stat.; re-en. Sec. 136, p. 159, L. 1867; amd. Sec. 154, p. 58, Cod. Stat. 1871; re-en. Sec. 196, p. 88, L. 1877; re-en. Sec. 196, 1st Div. Rev. Stat. 1879; re-en. Sec. 198, 1st Div. Comp. Stat. 1887; amd. Sec. 912, C. Civ. Proc. 1895; re-en. Sec. 6679, Rev. C. 1907; re-en. Sec. 9280, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 554; re-en. Sec. 9280, R.C.M. 1935; R.C.M. 1947, 93-4327; amd. Sec. 701, Ch. 56, L. 2009.
MT Code § 27-18-722 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-722. Defendant's undertaking -- justification of sureties

  27-18-722. Defendant's undertaking -- justification of sureties. Before making such order, the court or judge must require an undertaking on behalf of the defendant, by at least two sureties, residents and freeholders or householders in the state, to the effect that in case the plaintiff recover judgment in the action, the defendant will, on demand, redeliver the attached property so released to the proper officer to be applied to the payment of the judgment or, in default thereof, that the defendant and sureties will, on demand, pay to the plaintiff the full value of the property released. The court or judge making the order may fix the sum for which the undertaking shall be executed, and if necessary in fixing such sum to know the value of the property released, the same may be appraised by one or more disinterested persons to be appointed for that purpose. The sureties may be required to justify before the court or judge, and the property attached cannot be released without their justification, if the same be required.   History: En. Sec. 109, p. 65, Bannack Stat.; en. Sec. 137, p. 159, L. 1867; amd. Sec. 2, p. 67, L. 1869; re-en. Sec. 155, p. 58, Cod. Stat. 1871; amd. Sec. 1, p. 48, L. 1874; amd. Sec. 197, p. 88, L. 1877; re-en. Sec. 197, 1st Div. Rev. Stat. 1879; re-en. Sec. 199, 1st Div. Comp. Stat. 1887; amd. Sec. 913, C. Civ. Proc. 1895; re-en. Sec. 6680, Rev. C. 1907; re-en. Sec. 9281, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 555; re-en. Sec. 9281, R.C.M. 1935; R.C.M. 1947, 93-4328.
MT Code § 27-18-723 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-723. and 27-18-724 reserved

  27-18-723 and 27-18-724 reserved.
MT Code § 27-18-725 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-725. Motion to vacate or modify writ or increase security

  27-18-725. Motion to vacate or modify writ or increase security. The defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached may, at any time before the actual application of the attached property or the proceeds of the property to the payment of a judgment recovered in the action, apply to vacate or modify the writ of attachment or to increase the security given by the plaintiff or for one or more of those forms of release together or in the alternative.   History: En. Sec. 917, C. Civ. Proc. 1895; re-en. Sec. 6684, Rev. C. 1907; re-en. Sec. 9285, R.C.M. 1921; re-en. Sec. 9285, R.C.M. 1935; R.C.M. 1947, 93-4332; amd. Sec. 702, Ch. 56, L. 2009.
MT Code § 27-18-726 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-726. Proceedings on motion

  27-18-726. Proceedings on motion. An application specified in 27-18-725 may be founded only upon:   (1) the papers upon which the writ was granted, in which case it must be made to the court or judge, with or without notice as the court or judge considers proper; or   (2) proof by affidavits on the part of the defendant or a person who has acquired a lien upon or interest in the defendant's property after it was attached, in which case it must be made to the court or judge upon notice and may be opposed by new proof, by affidavit or other evidence on the part of the plaintiff, tending to sustain any grounds of attachment.   History: En. Sec. 918, C. Civ. Proc. 1895; re-en. Sec. 6685, Rev. C. 1907; re-en. Sec. 9286, R.C.M. 1921; re-en. Sec. 9286, R.C.M. 1935; R.C.M. 1947, 93-4333; amd. Sec. 703, Ch. 56, L. 2009.
MT Code § 27-18-727 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-727. through 27-18-730 reserved

  27-18-727 through 27-18-730 reserved.
MT Code § 27-18-731 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-731. Filing of order discharging or releasing attachment of real property

  27-18-731. Filing of order discharging or releasing attachment of real property. Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of such order must be filed in the office of the county clerk in which the notice of the attachment has been filed and be indexed in like manner.   History: En. Sec. 114, p. 66, Bannack Stat.; re-en. Sec. 141, p. 160, L. 1867; re-en. Sec. 159, p. 59, Cod. Stat. 1871; re-en. Sec. 201, p. 89, L. 1877; re-en. Sec. 201, 1st Div. Rev. Stat. 1879; re-en. Sec. 203, 1st Div. Comp. Stat. 1887; amd. Sec. 919, C. Civ. Proc. 1895; re-en. Sec. 6686, Rev. C. 1907; re-en. Sec. 9287, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 559; re-en. Sec. 9287, R.C.M. 1935; R.C.M. 1947, 93-4334(part).
MT Code § 27-18-732 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 7. Methods of Defending Against Attachment|27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing

  27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing. If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such real property, issue a release of the attachment and a copy of such release shall be filed with the county clerk where the writ of attachment and notice thereof is filed and the county clerk shall file and index such release as any other releases of attachment.   History: En. Sec. 1, Ch. 97, L. 1965; R.C.M. 1947, 93-4331.1.
MT Code § 27-18-801 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 8. Sale of Attached Property|27-18-801. Sheriff to sell perishable property

  27-18-801. Sheriff to sell perishable property. If any of the property attached be perishable, the sheriff must sell the same in the manner in which such property is sold on execution.   History: En. Sec. 101, p. 63, Bannack Stat.; re-en. Sec. 130, p. 158, L. 1867; re-en. Sec. 148, p. 57, Cod. Stat. 1871; re-en. Sec. 190, p. 86, L. 1877; re-en. Sec. 190, 1st Div. Rev. Stat. 1879; re-en. Sec. 192, 1st Div. Comp. Stat. 1887; re-en. Sec. 903, C. Civ. Proc. 1895; re-en. Sec. 6670, Rev. C. 1907; re-en. Sec. 9270, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 547; re-en. Sec. 9270, R.C.M. 1935; R.C.M. 1947, 93-4317(part).
MT Code § 27-18-802 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 8. Sale of Attached Property|27-18-802. Authority of court to order sale of property

  27-18-802. Authority of court to order sale of property. Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the action will be subserved by a sale thereof, the court or judge may order such property to be sold in the same manner as property is sold under an execution and the proceeds to be deposited in the court to abide the judgment in the action.   History: En. Sec. 437, p. 132, Bannack Stat.; re-en. Sec. 594, p. 157, Cod. Stat. 1871; re-en. Sec. 524, p. 177, L. 1877; re-en. Sec. 524, 1st Div. Rev. Stat. 1879; re-en. Sec. 541, 1st Div. Comp. Stat. 1887; amd. Sec. 904, C. Civ. Proc. 1895; re-en. Sec. 6671, Rev. C. 1907; re-en. Sec. 9271, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 548; re-en. Sec. 9271, R.C.M. 1935; R.C.M. 1947, 93-4318.
MT Code § 27-18-803 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 8. Sale of Attached Property|27-18-803. Notice of application for order to sell

  27-18-803. Notice of application for order to sell. Application for the order must be upon notice to the adverse party or the party's attorney that the court or judge, considering the nature and condition of the property, may direct. If it appears to the court or judge that the delay necessary to give notice would cause a material depreciation in the value of property, the order may be made without notice.   History: En. Sec. 905, C. Civ. Proc. 1895; re-en. Sec. 6672, Rev. C. 1907; re-en. Sec. 9272, R.C.M. 1921; re-en. Sec. 9272, R.C.M. 1935; R.C.M. 1947, 93-4319; amd. Sec. 704, Ch. 56, L. 2009.
MT Code § 27-18-804 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 8. Sale of Attached Property|27-18-804. Sale of property subject to a security interest -- disposition of proceeds, security agreement

  27-18-804. Sale of property subject to a security interest -- disposition of proceeds, security agreement. (1) When the property taken under 27-18-413 is sold under process, the officer levying the writ must apply the proceeds of the sale as follows:   (a) to the repayment of the sum paid to the secured party, with interest from the date of such payment; and   (b) the balance, if any, in like manner as the proceeds of sales under execution are applied in other cases.   (2) In the event the property is sold under attachment, such attaching creditor shall be required to deliver to the debtor the security agreement and any note or other evidence of indebtedness secured thereby obtained from the secured party when the property is sold for the amount of the indebtedness under the security agreement or an amount in excess thereof.   History: En. Sec. 1, Ch. 111, L. 1921; re-en. Sec. 9291, R.C.M. 1921; re-en. Sec. 9291, R.C.M. 1935; amd. Sec. 11-162, Ch. 264, L. 1963; R.C.M. 1947, 93-4338(part).
MT Code § 27-18-901 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 9. Judgment and Subsequent Procedure|27-18-901. Judgment when debt not yet due

  27-18-901. Judgment when debt not yet due. (1) On the trial of any cause brought under the provisions of 27-18-203, judgment may be rendered on any such debt not due upon satisfactory proof to the court of the facts alleged in the affidavit for attachment, as provided in that section. Any such judgment shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt shall have become due.   (2) The defendant may, by plea, put in issue the matter alleged in the affidavit required in 27-18-203, and if the plaintiff fails to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate.   History: En. Sec. 1, p. 141, L. 1899; re-en. Sec. 6658, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1911; re-en. Sec. 9258, R.C.M. 1921; re-en. Sec. 9258, R.C.M. 1935; R.C.M. 1947, 93-4303(part).
MT Code § 27-18-902 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 9. Judgment and Subsequent Procedure|27-18-902. Procedure when defendant recovers judgment

  27-18-902. Procedure when defendant recovers judgment. If the defendant recovers judgment against the plaintiff, any undertaking received in the action, all of the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff's hands must be delivered to the defendant or the defendant's agent. The order of attachment must be discharged and the property released from attachment.   History: En. Sec. 106, p. 64, Bannack Stat.; re-en. Sec. 135, p. 159, L. 1867; re-en. Sec. 153, p. 58, Cod. Stat. 1871; re-en. Sec. 195, p. 88, L. 1877; re-en. Sec. 195, 1st Div. Rev. Stat. 1879; re-en. Sec. 197, 1st Div. Comp. Stat. 1887; re-en. Sec. 911, C. Civ. Proc. 1895; re-en. Sec. 6678, Rev. C. 1907; re-en. Sec. 9279, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 553; re-en. Sec. 9279, R.C.M. 1935; R.C.M. 1947, 93-4326; amd. Sec. 705, Ch. 56, L. 2009.