Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 18. PREJUDGMENT ATTACHMENT

Part 7. Methods of Defending Against Attachment

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).