by admin | May 13, 2021 | Civil Procedure, Montana
The summons must be accompanied by an affidavit of the plaintiff or the plaintiff’s agent, representative, or attorney that the judgment or some part of the judgment remains unsatisfied and must specify the amount due. It is not necessary to file a new...
by admin | May 13, 2021 | Civil Procedure, Montana
The summons, as provided in 25-15-101, must describe the judgment and require the person summoned to show cause why the person should not be bound by it and must be served in the same manner and returnable within the same time as the original summons.§ 25-15-102,...
by admin | May 13, 2021 | Civil Procedure, Montana
When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in Rule 4(s), M.R.Civ.P., those who were not originally served with the summons and did not appear to the action may be summoned to show...
by admin | May 13, 2021 | Civil Procedure, Montana
Whenever a prisoner is committed to jail on an execution issued on a judgment recovered in a civil action, the creditor or the creditor’s agent or attorney shall advance to the jailer, on the commitment, sufficient money for the support of the prisoner for 1...
by admin | May 13, 2021 | Civil Procedure, Montana
The plaintiff in the action may at any time order the prisoner to be discharged, and the prisoner is not liable to imprisonment for the same cause of action.§ 25-14-311, MCAEn. Sec. 115, p. 48, Cod. Stat. 1871; re-en. Sec. 153, p. 74, L. 1877; re-en. Sec. 153, 1st...
by admin | May 13, 2021 | Civil Procedure, Montana
The judgment against a prisoner who is discharged remains in full force against any estate that may then or at any time afterward belong to the prisoner, and the plaintiff may take out a new execution against the goods and estate of the prisoner in the same manner as...
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