Mont. Code § 23

Current through the 2023 Regular Session

Rule 23 - Execution

A. HOW ENFORCED.

(1) By justice or city court. A judgment may be enforced within the boundaries of the state by a writ of execution issued by the justice or city court or the clerk thereof.

(2) Issuance of execution by judge or clerk of justice or city court. From the time of docketing in the clerk's office, execution may be issued thereon by the judge or clerk to the sheriff, constable, or levying officer of any county in the state.

B. TIME. The party in whose favor judgment is entered may request a writ of execution for its enforcement against the personal property of the judgment debtor. At any time within 10 years from the entry of judgment, the justice of the peace or city judge who entered the judgment or the successor in office or the clerk shall issue the writ upon request.

C. FORM AND CONTENT OF EXECUTION. Determination of the amount of the judgment outstanding and the type, kind, description, and location of the personal property of the judgment debtor is the exclusive duty of the judgment creditor. The execution must be directed to the sheriff, a constable, or a levying officer of the county and must be subscribed by the judge or clerk and bear the date of its issuance. The execution must contain the following information and may be in the following form:

IN JUSTICE/CITY COURT, ........., ........... COUNTY, MONTANA

BEFORE ................................ JUSTICE OF THE PEACE

............................ CITY JUDGE

.............)

............) Case No. ......

Plaintiff)

vs.) EXECUTION

.............)

.............)

Defendant

THE STATE OF MONTANA TO THE SHERIFF, A CONSTABLE, OR A LEVYING OFFICER OF ............... COUNTY:

WHEREAS, on the ...... day of ............, 20...., .................... recovered a judgment in the said Justice/City Court against .................... as follows:

Original or Balance Due on Judgment in the amount of $......

Together with accrued interest at ...% per annum on the Judgment $......

Costs & Disbursements Accrued $......

Credits $......

Total sum due & owing at date of this execution $......

Together with all costs of execution (and) (or) for personal property described as follows:

..................................

..................................

(Attach description if necessary)

NOW, you, the sheriff, constable, or levying officer, are hereby required to make this sum due on the judgment or damages, with interest, costs, and accruing costs, to satisfy the judgment out of the PERSONAL PROPERTY of the debtor NOT EXEMPT FROM EXECUTION on the day on which the judgment was docketed in the county, or at any time hereafter, and return this writ not less than 10 days nor more than 120 days after the date of receipt.

Given under my hand this ...... day of ............, 20.....

..........................

Justice of the Peace or Clerk ...........................

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. The execution must be returned to the court:

(1) not less than 10 days nor more than one-hundred twenty (120) days after receipt of the recovery by the sheriff or levying officer;

(2) if the judgment creditor has requested the return of the writ.

(3) at the written direction of the officer, agent, or attorney who sent the writ, the sheriff or levying officer may return the writ to the requesting party.

E. RENEWAL. If a writ of execution is returned unsatisfied or partially satisfied, a new writ may be issued for the unsatisfied portion of the judgment, together with costs and interest. No new or additional writ may be issued until any outstanding issued writ, together with the return thereon, is returned to the issuing justice or city court.

F. SUPPLEMENTAL PROCEEDINGS. Proceedings supplementary to execution set out in 25-13-502, 25-14-101 through 25-14-105, 25-14-107, and 25-14-108 are applicable to justice or city courts, the word "constable" being substituted for the word "sheriff" and the words "justice or city judge" being substituted for the word "judge".

§ 23, MCA

En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; Rule 23(2) disapproved, Sec. 3, Ch. 285, L. 1991; amd. Sup. Ct. Ord. July 24, 1991, eff. Oct. 1, 1991; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997; amd. Sup. Ct. Ord. June 25, 1998, eff. June 25, 1998; amd. Sup. Ct. Ord. Oct. 16, 2001, eff. Oct. 16, 2001; amd. Sup. Ct. Ord. Feb. 26, 2002, eff. Feb. 26, 2002.