Montana Code Annotated 2021



Part 11. Registration of Process Servers -- Levying Officers

Registered Process Server -- Levying Officer -- Use Of Title Reserved

25-1-1101. Registered process server -- levying officer -- use of title reserved. (1) Except as provided in subsection (2), a person who makes more than 10 services of process, as defined in 25-3-101, within this state during 1 calendar year must be registered under Title 37, chapter 60. A process server who holds a valid certificate of registration from a clerk of court in this state as of July 1, 2007, shall present the registration certificate to the board of private security, and the board shall exchange that registration certificate for a new certificate that expires on March 31, 2009.

(2) This part does not apply to:

(a) a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of employment; or

(b) a licensed attorney.

(3) A registered process server may act as a levying officer under Title 25, chapter 13.

(4) A registered process server may make service of process in any county in this state.

(5) A person may not use the title of process server unless the person is registered as a process server under Title 37, chapter 60.

History: En. Sec. 1, Ch. 548, L. 1987; amd. Sec. 2, Ch. 392, L. 2005; amd. Sec. 2, Ch. 405, L. 2007.