Montana Code Annotated 2021

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 18. PREJUDGMENT ATTACHMENT

Part 7. Methods of Defending Against Attachment

Release Of Attachment Of Real Property By Clerk When Action Not Prosecuted -- Filing

27-18-732. Release of attachment of real property by clerk when action not prosecuted -- filing. If a writ of attachment has been levied on real property, as provided in part 4, and no proceedings have been taken in the action in which the attachment was issued for a period of 5 years, the clerk of court shall, upon application of the defendant or the record owner of such real property, issue a release of the attachment and a copy of such release shall be filed with the county clerk where the writ of attachment and notice thereof is filed and the county clerk shall file and index such release as any other releases of attachment.

History: En. Sec. 1, Ch. 97, L. 1965; R.C.M. 1947, 93-4331.1.