reglab/housing_qa huggingface dataset:
MT Code § 27-18-405 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-405. Debts, credits, and personal property in control of third person or not capable of manual delivery

  27-18-405. Debts, credits, and personal property in control of third person or not capable of manual delivery. (1) Debts or credits and personal property not capable of manual delivery and personal property in the possession of a third person must be attached by leaving with the person owing the debt or having in the person's possession or under the person's control the credits and personal property or with the person's agent a copy of the writ and a notice that the debts owing by the person to the defendant or the credits and other personal property in the person's possession or under the person's control, belonging to the defendant, are attached in pursuance of the writ.   (2) Upon receiving information in writing from the plaintiff or the plaintiff's attorney that any person has in the person's possession or under the person's control any credits or other personal property belonging to the defendant or is owing any debt to the defendant, the sheriff shall serve upon that person a copy of the writ and a notice that the credits or other property or debts are attached in pursuance of the writ.   (3) Debts and credits attached may be collected by the sheriff if the collection can be done without suit. The sheriff's receipt is a sufficient discharge for the amount paid.   History: (1)En. Sec. 96, p. 61, Bannack Stat.; amd. Sec. 125, p. 157, L. 1867; amd. Sec. 142, p. 55, Cod. Stat. 1871; re-en. Sec. 184, p. 84, L. 1877; re-en. Sec. 184, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 113, L. 1885; re-en. Sec. 186, 1st Div. Comp. Stat. 1887; amd. Sec. 895, C. Civ. Proc. 1895; amd. Sec. 1, p. 139, L. 1899; re-en. Sec. 6662, Rev. C. 1907; amd. Sec. 1, Ch. 85, L. 1911; re-en. Sec. 9262, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 542; amd. Sec. 1, Ch. 71, L. 1931; re-en. Sec. 9262, R.C.M. 1935; amd. Sec. 11-161, Ch. 264, L. 1963; Sec. 93-4307, R.C.M. 1947; (2)En. Sec. 97, p. 62, Bannack Stat.; re-en. Sec. 126, p. 157, L. 1867; re-en. Sec. 144, p. 56, Cod. Stat. 1871; re-en. Sec. 186, p. 85, L. 1877; re-en. Sec. 186, 1st Div. Rev. Stat. 1879; re-en. Sec. 188, 1st Div. Comp. Stat. 1887; re-en. Sec. 899, C. Civ. Proc. 1895; re-en. Sec. 6666, Rev. C. 1907; re-en. Sec. 9266, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 543; re-en. Sec. 9266, R.C.M. 1935; Sec. 93-4313, R.C.M. 1947; (3)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; Sec. 93-4317, R.C.M. 1947; R.C.M. 1947, 93-4307(5), 93-4313, 93-4317(part); amd. Sec. 685, Ch. 56, L. 2009.
MT Code § 27-18-406 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-406. Money, credits, or other property in control of public officer or board

  27-18-406. Money, credits, or other property in control of public officer or board. Money, credits, or other property belonging to or due and owing to another, in the possession of or under the control of a public officer or board, including all officers or boards of a county, municipal corporation, and school district or state board or state government, may be attached or garnished while in possession or under control by making service, as provided in this part, upon the clerk of the county or presiding officer of the board of county commissioners, the city clerk or mayor of a municipal corporation, or the clerk of the board of school trustees or presiding officer of the board of trustees.   History: En. Sec. 1, p. 159, L. 1901; re-en. Sec. 6692, Rev. C. 1907; re-en. Sec. 9294, R.C.M. 1921; re-en. Sec. 9294, R.C.M. 1935; R.C.M. 1947, 93-4341; amd. Sec. 686, Ch. 56, L. 2009.
MT Code § 27-18-407 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-407. Liability of third persons controlling property or debts and served by sheriff

  27-18-407. Liability of third persons controlling property or debts and served by sheriff. All persons having in their possession or under their control any credits or other personal property belonging to the defendant or owing any debts to the defendant at the time of service upon them of a copy of the writ and notice must be, unless the property is delivered or transferred or the debts are paid to the sheriff, liable to the plaintiff for the amount of the credits, property, or debts until the attachment is discharged or any judgment recovered by the plaintiff is satisfied.   History: En. Sec. 98, p. 62, Bannack Stat.; re-en. Sec. 127, p. 157, L. 1867; re-en. Sec. 145, p. 56, Cod. Stat. 1871; re-en. Sec. 187, p. 85, L. 1877; re-en. Sec. 187, 1st Div. Rev. Stat. 1879; re-en. Sec. 189, 1st Div. Comp. Stat. 1887; re-en. Sec. 900, C. Civ. Proc. 1895; re-en. Sec. 6667, Rev. C. 1907; re-en. Sec. 9267, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 544; re-en. Sec. 9267, R.C.M. 1935; R.C.M. 1947, 93-4314; amd. Sec. 687, Ch. 56, L. 2009.
MT Code § 27-18-408 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-408. Judgments

  27-18-408. Judgments. Judgments standing in favor of and in the name of the defendant upon the records of the clerk of the district court must be attached by leaving with the said clerk of the district court a copy of the writ and a notice stating that the said judgment is attached in pursuance of such writ. The clerk of the district court must index and keep a record of all attachments of judgments thereunder, and such attachment is binding on the judgment creditor.   History: En. Sec. 96, p. 61, Bannack Stat.; amd. Sec. 125, p. 157, L. 1867; amd. Sec. 142, p. 55, Cod. Stat. 1871; re-en. Sec. 184, p. 84, L. 1877; re-en. Sec. 184, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 113, L. 1885; re-en. Sec. 186, 1st Div. Comp. Stat. 1887; amd. Sec. 895, C. Civ. Proc. 1895; amd. Sec. 1, p. 139, L. 1899; re-en. Sec. 6662, Rev. C. 1907; amd. Sec. 1, Ch. 85, L. 1911; re-en. Sec. 9262, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 542; amd. Sec. 1, Ch. 71, L. 1931; re-en. Sec. 9262, R.C.M. 1935; amd. Sec. 11-161, Ch. 264, L. 1963; R.C.M. 1947, 93-4307(6).
MT Code § 27-18-409 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-409. Investment securities and stocks

  27-18-409. Investment securities and stocks. Investment securities, as defined in the Uniform Commercial Code, may be attached or levied upon only by seizure by the officer making the attachment or levy; provided that such a security which has been surrendered to the issuer may be attached or levied upon by leaving with the president or other head of the same or the secretary, cashier, or other managing agent thereof a copy of the writ and a notice stating that the security of the defendant is attached in pursuance of such writ. Stocks or shares or interest in stocks or shares of any corporation or company, other than such investment securities, may be attached either by seizure or by leaving with the president or other head of the same or the secretary, cashier, or other managing agent thereof a copy of the writ and a notice stating that the stock or interest of the defendant is attached in pursuance of such writ.   History: En. Sec. 96, p. 61, Bannack Stat.; amd. Sec. 125, p. 157, L. 1867; amd. Sec. 142, p. 55, Cod. Stat. 1871; re-en. Sec. 184, p. 84, L. 1877; re-en. Sec. 184, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 113, L. 1885; re-en. Sec. 186, 1st Div. Comp. Stat. 1887; amd. Sec. 895, C. Civ. Proc. 1895; amd. Sec. 1, p. 139, L. 1899; re-en. Sec. 6662, Rev. C. 1907; amd. Sec. 1, Ch. 85, L. 1911; re-en. Sec. 9262, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 542; amd. Sec. 1, Ch. 71, L. 1931; re-en. Sec. 9262, R.C.M. 1935; amd. Sec. 11-161, Ch. 264, L. 1963; R.C.M. 1947, 93-4307(4).
MT Code § 27-18-410 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-410. Corporate stock -- service on secretary of state

  27-18-410. Corporate stock -- service on secretary of state. In addition to the method prescribed in 27-18-409 for attaching stock or shares or interest in the stock of any corporation or company, if the president or other head of the corporation or company or the secretary, cashier, or other managing agent of the corporation or company does not live in or cannot be found in Montana and an affidavit is filed in the office of the clerk of the court in which the action is pending setting forth that the officer or agent does not live in or cannot be found in Montana, the clerk shall make an order directing the writ to be served upon the secretary of state of Montana or, in the secretary of state's absence, upon the deputy secretary of state. When the order has been made, the writ of attachment must be served upon the secretary of state or deputy secretary of state by leaving with the secretary or the deputy a copy of the writ and a notice that the stock or shares or interest in the stock or shares of the corporation or company belonging to the defendant is attached in pursuance of the writ.   History: En. Sec. 1, Ch. 128, L. 1937; R.C.M. 1947, 93-4308; amd. Sec. 42, Ch. 12, L. 1979; amd. Sec. 688, Ch. 56, L. 2009.
MT Code § 27-18-411 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-411. Duty of secretary of state -- fees

  27-18-411. Duty of secretary of state -- fees. (1) When service of an order of a writ of execution is made through the secretary of state or the secretary of state's deputy, the secretary of state or the deputy shall promptly mail the copy of the writ, notice, and copy of the order by certified mail to the address of the corporation at its principal home office, as shown by the papers on file in the office of the secretary of state. The office of the secretary of state shall fill out and mail to the clerk of the court in which the action is pending a certificate of the mailing and shall attach the registry receipt for the letter. The order must be effective and the specified assets of the defendant must be attached upon the service of the writ as provided in this section.   (2) At the time the writ is served, the secretary of state shall charge and collect a fee, which must be set and deposited in accordance with 2-15-405. The fee may be claimed as a cost by the plaintiff.   History: En. Sec. 2, Ch. 128, L. 1937; R.C.M. 1947, 93-4309; amd. Sec. 11, Ch. 396, L. 2001.
MT Code § 27-18-412 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-412. Interest of defendant in decedent's estate

  27-18-412. Interest of defendant in decedent's estate. The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by serving the personal representative of the decedent with a copy of the writ and a notice that the interest is attached. The attachment may not impair the powers of the representative over the property for the purposes of administration. A copy of the writ of attachment and of the notice must also be filed in the office of the clerk of the court in which the estate is being administered, and the personal representative shall report the attachment to the court when any petition for distribution is filed. In the decree made upon the petition, distribution must be ordered to the heir, legatee, or devisee, but delivery of the property must be ordered to the officer making the levy, subject to the claim of the heir, legatee, or devisee or any person claiming under the heir, legatee, or devisee. The property may not be delivered to the officer making the levy until the decree distributing the interest has become final.   History: En. Sec. 96, p. 61, Bannack Stat.; amd. Sec. 125, p. 157, L. 1867; amd. Sec. 142, p. 55, Cod. Stat. 1871; re-en. Sec. 184, p. 84, L. 1877; re-en. Sec. 184, 1st Div. Rev. Stat. 1879; amd. Sec. 1, p. 113, L. 1885; re-en. Sec. 186, 1st Div. Comp. Stat. 1887; amd. Sec. 895, C. Civ. Proc. 1895; amd. Sec. 1, p. 139, L. 1899; re-en. Sec. 6662, Rev. C. 1907; amd. Sec. 1, Ch. 85, L. 1911; re-en. Sec. 9262, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 542; amd. Sec. 1, Ch. 71, L. 1931; re-en. Sec. 9262, R.C.M. 1935; amd. Sec. 11-161, Ch. 264, L. 1963; R.C.M. 1947, 93-4307(7); amd. Sec. 689, Ch. 56, L. 2009.
MT Code § 27-18-413 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-413. Personal property subject to a security interest

  27-18-413. Personal property subject to a security interest. Personal property subject to a security interest may be taken on attachment issued at the suit of a creditor (other than the secured party) of the debtor under the security agreement; but before the property is taken, the officer levying the writ must pay or tender to the secured party the amount of the security agreement debt and interest or must deposit the same with the county treasurer of the county in which the financing statement covering the security agreement is filed if such statement is filed with a county clerk and recorder or, if such statement is filed with another filing officer pursuant to law, with such other filing officer, payable to the order of the secured party.   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); amd. Sec. 43, Ch. 12, L. 1979.
MT Code § 27-18-414 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 4. Manner of Attaching Property|27-18-414. Duty of secured party

  27-18-414. Duty of secured party. (1) The secured party under any security agreement of record, upon 15 days' notice in writing served upon the party in person by any creditor of the debtor seeking to satisfy a demand of the creditor against the debtor, must be required to make and file in the office of the county clerk and recorder or other filing officer with whom the financing statement covering the security agreement is filed an affidavit showing the amount of the indebtedness then actually due and owing to the secured party. The affidavit must state the amount of the original obligation for which the security agreement was given as security, all additional advancement of money or property on the principal obligation since the date of the execution of the security agreement, all payments of any kind, whether on principal or interest, made by the debtor to the date of the execution of the affidavit by the secured party, and the balance then remaining due and unpaid to the secured party. If, within 15 days from the service of any demand in writing on the secured party by any creditor of the debtor, the secured party fails, refuses, or neglects to file the affidavit required in this section, the security agreement is of no force or effect as against the creditor upon the seizure of any personal property on attachment.   (2) If the amount shown to be due is paid to the county treasurer, to a filing officer, or to the secured party in satisfaction of the security agreement by any attaching creditor against the debtor, the secured party must be required to surrender to the county treasurer or the filing officer the security agreement and any note or other evidence of indebtedness secured by the security agreement, and the security agreement or other evidence of indebtedness must be delivered by the secured party, county treasurer, or filing officer to the attaching creditor.   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); amd. Sec. 690, Ch. 56, L. 2009.
MT Code § 27-18-501 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 5. Proceedings in Aid of Attachment|27-18-501. Examination under oath of defendant or person controlling property or debts -- order that property be delivered

  27-18-501. Examination under oath of defendant or person controlling property or debts -- order that property be delivered. Any person owing debts to the defendant or having in the person's possession or under the person's control any credits or other personal property belonging to the defendant may be required to attend before the court or judge or referee appointed by the court or judge and be examined on oath respecting the same. The defendant may also be required to attend for the purpose of giving information respecting the defendant's property and may be examined on oath. The court or judge may, after the examination, order personal property capable of manual delivery in the hands or under the control of the person or of the defendant to be delivered to the sheriff on terms that may be just, having reference to any liens on or claims against the property, and a memorandum must be given of all other personal property, containing the amount and description of the property.   History: En. Sec. 99, p. 62, Bannack Stat.; re-en. Sec. 128, p. 158, L. 1867; re-en. Sec. 146, p. 56, Cod. Stat. 1871; re-en. Sec. 188, p. 86, L. 1877; re-en. Sec. 188, 1st Div. Rev. Stat. 1879; re-en. Sec. 190, 1st Div. Comp. Stat. 1887; re-en. Sec. 901, C. Civ. Proc. 1895; re-en. Sec. 6668, Rev. C. 1907; re-en. Sec. 9268, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 545; re-en. Sec. 9268, R.C.M. 1935; R.C.M. 1947, 93-4315; amd. Sec. 691, Ch. 56, L. 2009.
MT Code § 27-18-502 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 5. Proceedings in Aid of Attachment|27-18-502. Person holding property to give sheriff certificate of defendant's interest

  27-18-502. Person holding property to give sheriff certificate of defendant's interest. Upon the application of a sheriff holding a writ of attachment, the president or other head of an association or corporation or the secretary, cashier, or managing agent of the association or corporation or a debtor of the defendant or a person holding property, including a bond, promissory note, or other instrument for the payment of money, belonging to the defendant shall furnish to the sheriff a certificate, under the person's hand, specifying the person's right to a number of shares of the defendant in the stock of the association or corporation, with all dividends declared or encumbrances on the stock, or the amount, nature, and description of the property held for the benefit of the defendant or of the defendant's interest in property held or of the debt or demand owing to the defendant, as the case requires.   History: En. Sec. 896, C. Civ. Proc. 1895; re-en. Sec. 6663, Rev. C. 1907; re-en. Sec. 9263, R.C.M. 1921; re-en. Sec. 9263, R.C.M. 1935; R.C.M. 1947, 93-4310; amd. Sec. 692, Ch. 56, L. 2009.
MT Code § 27-18-503 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 5. Proceedings in Aid of Attachment|27-18-503. Order to person holding property to submit to examination under oath

  27-18-503. Order to person holding property to submit to examination under oath. If a person to whom application is made, as prescribed in 27-18-502, refuses to give a certificate or if it is made to appear, by affidavit, to the satisfaction of the court or a judge, that there is reason to suspect that a certificate given by the person is untrue or that it failed fully to set forth the facts required to be shown, the court or judge may make an order directing the person to attend, at a specified time and at a place within the county to which the writ is issued, and submit to an examination under oath concerning the same. The order may, in the discretion of the court or judge, direct an appearance before a referee named in the order.   History: En. Sec. 897, C. Civ. Proc. 1895; re-en. Sec. 6664, Rev. C. 1907; re-en. Sec. 9264, R.C.M. 1921; re-en. Sec. 9264, R.C.M. 1935; R.C.M. 1947, 93-4311; amd. Sec. 693, Ch. 56, L. 2009.
MT Code § 27-18-601 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 6. Procedure Following Attachment -- Return of Writ|27-18-601. Sheriff to retain nonperishable attached property and proceeds of sales

  27-18-601. Sheriff to retain nonperishable attached property and proceeds of sales. The proceeds and other property attached by the sheriff must be retained by the sheriff to answer any judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment.   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); amd. Sec. 694, Ch. 56, L. 2009.
MT Code § 27-18-602 (2021)
2021 Montana Code Annotated|Title 27. Civil Liability, Remedies, and Limitations|Chapter 18. Prejudgment Attachment|Part 6. Procedure Following Attachment -- Return of Writ|27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff

  27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff. If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, gives the sheriff a good and sufficient bond to indemnify the sheriff against loss or damage by reason of retaining the property, the sheriff shall deliver the property to the person making the claim.   History: En. Sec. 149, p. 57, Cod. Stat. 1871; re-en. Sec. 191, p. 87, L. 1877; re-en. Sec. 191, 1st Div. Rev. Stat. 1879; re-en. Sec. 193, 1st Div. Comp. Stat. 1887; en. Sec. 906, C. Civ. Proc. 1895; re-en. Sec. 6673, Rev. C. 1907; re-en. Sec. 9273, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 549; re-en. Sec. 9273, R.C.M. 1935; R.C.M. 1947, 93-4320; amd. Sec. 695, Ch. 56, L. 2009.