2001 Montana Legislature

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HOUSE BILL NO. 254

INTRODUCED BY B. DAVIES, ADAMS, FISHER, HAINES, LEWIS, PATTISON, A. PETERSON, RICE, WELLS

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AN ACT PROVIDING THAT A WRIT OF EXECUTION FOR THE GARNISHMENT OF WAGES REMAINS IN EFFECT FOR 120 DAYS OR UNTIL THE JUDGMENT FOR WHICH THE WRIT WAS ISSUED IS PAID; AMENDING SECTIONS 25-13-402 AND 25-13-404, MCA; AND PROVIDING AN EFFECTIVE DATE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 25-13-402, MCA, is amended to read:

     "25-13-402.  How writ executed. (1) The sheriff or levying officer shall, subject to subsection (5), execute the writ against the property of the judgment debtor no later than 60 120 days after receipt of the writ by:

     (a)  levying on a sufficient amount of property, if there is sufficient property;

     (b)  collecting or selling the things in action; and

     (c)  selling the other property and paying to the judgment creditor or the judgment creditor's attorney as much of the proceeds as will satisfy the judgment.

     (2)  Any proceeds in excess of the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or order of the court. When the sheriff or levying officer determines that there is more property of the judgment debtor than is sufficient to satisfy the judgment and accruing costs, the sheriff or levying officer shall levy only on the part of the property that the judgment debtor may indicate if the property indicated is sufficient to satisfy the judgment and costs.

     (3)  With respect to earnings of a judgment debtor, an employer shall respond to the levy based upon the earnings accrued to the end of the regular pay period in which the levy occurred.

     (4)(3)  Except for perishable property, the sheriff or levying officer shall hold any property or money levied upon for 10 days, excluding weekends and holidays, following notification of execution upon the judgment debtor. After that time, the sheriff or levying officer may sell the property and pay the money to the judgment creditor.

     (5)(4)  If If the first levy is not sufficient to satisfy the writ, the sheriff or levying officer may levy, from time to time and as often as necessary, within the 60 120 days until the judgment is satisfied or the writ expires.

     (5)  (a) A levy upon the earnings of a judgment debtor continues in effect for 120 days or until the judgment is satisfied, whichever occurs first. The levy applies to earnings due on or after the date of service through the expiration of the writ.

     (b) The sheriff or levying officer shall clearly mark the expiration date upon all served copies of the writ and notice.

     (c) Except as provided in subsection (6), multiple levies served under this subsection (5) have priority according to the date and time of service upon the employer.

     (d) The return of service on a levy upon the earnings of a judgment debtor is returned in the same manner provided for in 25-13-404.

     (6) Nothing in this section is intended to supersede any state or federal laws regarding priority that must be given to certain levies and executions."



     Section 2.  Section 25-13-404, MCA, is amended to read:

     "25-13-404.  Return of the execution. (1) Except as provided in subsections (2) and 25-13-402(5) and subsection (3) of this section, execution may be made returnable to the clerk of the court in which the judgment was rendered, at any time not less than 10 or more than 60 120 days after receipt of the recovery by the sheriff or levying officer following imposition of levy, as provided in 25-13-402.

     (2)  The writ of execution issued by the county treasurer under 15-16-401 may be made returnable, at any time not less than 10 or more than 90 120 days after its receipt by the sheriff or levying officer, to the county treasurer of the county in which the writ was issued.

     (3)  In compliance with the provisions of subsection (1) and in lieu of returning the writ of execution to the clerk of the court, the sheriff may enclose his the return of the writ in an envelope to the officer, agent, or attorney who sent it and deposit it in the post office, prepaying the postage."



     Section 3.  Effective date. [This act] is effective July 1, 2001.

- END -




Latest Version of HB 254 (HB0254.ENR)
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