Montana Code Annotated 2003

Clickable Image


     39-71-506. Lien for payment of unpaid penalties, fees, interest, and claims -- levy and execution. (1) If, upon demand of the department, an uninsured employer refuses to make the payments to the fund that are provided for in 39-71-504, the unpaid penalties, fees, interest, and claims have the effect of a judgment against the employer at the time the payments become due. After the due process requirements of 39-71-2401(2) and (3) are satisfied, the department may issue a certificate setting forth the amount of payment due and direct the clerk of the district court of any county in the state to enter the certificate as a judgment on the docket pursuant to 25-9-301. From the time the judgment is docketed, it becomes a lien upon all real property of the employer. After satisfying any due process requirements, the department may enforce the judgment at any time within 10 years of creation of the lien.
     (2) The department may settle through compromise with an uninsured employer the amount due the fund under 39-71-504.

     History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(3); amd. Sec. 63, Ch. 397, L. 1979; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 6, Ch. 555, L. 1993; amd. Sec. 4, Ch. 193, L. 2003.

Previous Section MCA Contents Part Contents Search Help Next Section