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Section 25-14-204 – When property vests in receiver

May 13, 2021 | Civil Procedure, Montana

The property of the judgment debtor is vested in a receiver who has qualified from the time of filing the order appointing the receiver, subject to the following exceptions:

(1) Real property is vested in the receiver only from the time when the order is filed with the clerk of the court or a certified copy of the order, as the case may be, is filed with the clerk of the county where it is situated.
(2) When the judgment debtor, at the time when the order is filed, resides in another county of the state, the judgment debtor’s personal property is vested in the receiver only from the time when a copy of the order, certified by the clerk in whose office it is filed, is filed with the clerk of the district court of the county where the judgment debtor resides.

ยง 25-14-204, MCA

En. Sec. 1271, C. Civ. Proc. 1895; re-en. Sec. 6859, Rev. C. 1907; re-en. Sec. 9465, R.C.M. 1921; re-en. Sec. 9465, R.C.M. 1935; R.C.M. 1947, 93-5912; amd. Sec. 475, Ch. 56, L. 2009.