Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 18. PREJUDGMENT ATTACHMENT

Part 7. Methods of Defending Against Attachment

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.