Montana Judgment Enforcement | JUDGMENT ENFORCEMENT

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See Montana Judgment Enforcement Law below. 
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.

Judgments and Enforcement:  
A judgment, either domestic or foreign, is enforceable in the State of Montana for a period of ten (10) years.  ( MCA 27-2-201.)  A writ of execution on the judgment may be issued within six (6) years of entry of the judgment (MCA 25-13-101), and may be revived after expiration upon filing a motion with the court (MCA 25-13-102).

A judgment may become a lien upon all real property of the judgment debtor that is not exempt from execution in the county where the property is located for a period of 6 years upon the docketing of a judgment or upon the filing of a transcript of the judgment.   (MCA 25-9-301, 25-9-302.)  All goods, chattels, moneys, and other property, both real and personal, not exempt by law, of a judgment debtor are subject attachment and execution.  (MCA 25-13-501.)  The wages of a judgment debtor may also be garnished but the maximum amount which may be garnished may not exceed the lesser of 25% of his disposable earnings for a workweek, or the amount by which his disposable earnings for the week exceed 30 times the federal minimum hourly wage in effect at the time the earnings are payable.  (MCA 25-13-614.)

Confession of judgment is permitted under the laws of the State of Montana.  (MCA 27-9-101.)  A defendant may file with the clerk of the appropriate court a statement in writing, signed and verified by the defendant, stating the amount of the judgment which is authorized to be entered, concise facts out of which the obligation arose and the amount confessed to be justly due or become due.  If the confessed judgment is made for the purpose of securing a plaintiff against contingent liability, the statement must state concisely the facts constituting the liability and that the sum confessed therefor does not exceed the same.  (MCA 27-9-102.)

Foreign Judgment:

The State of Montana generally adopts the Uniform Enforcement of Foreign Judgments Act. (MCA 25-9-501.)  Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Montana (MCA 25-9-502.)

A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, a certified copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.  The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it

has been satisfied. (MCA 25-9-504.)  A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of the State of Montana and may be enforced or satisfied in like manner.  (MCA 25-9-503.)

Upon the filing of the foreign judgment and affidavit, the judgment creditor or someone on his behalf is required to mail a notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to his attorney of record, if any, each at his last known address, by certified mail, return receipt requested.  The notice must include the name and post office address of the judgment creditor and judgment creditor's attorney, if any, in the State of Montana.  The judgment creditor is also required to file an affidavit with the clerk of the court setting forth the date the notice was mailed.  Although execution upon the foreign judgment may be issued, proceeds of an execution may not be distributed to the judgment creditor earlier than thirty (30) days after the date of mailing the notice.  (MCA 25-9-504.)

Interest:

Legal rate:  10% per annum on any instrument not of writing, an account stated, moneys lent or due on any settlement of accounts, and moneys received for the use of another, except a judgment.  (MCA 31-1-106.)

Written Contract rate:  Parties may agree in writing to any interest rate not to exceed 15% or an amount that is 6 percentage points per annum above the prime rate of major New York banks, as published in the Wall Street Journal edition dated 3 business days prior to the execution of the agreement. (MCA 31-1-107.)

Judgment rate:   10% per annum or such rate as specified in a contractual obligation. (MCA 25-9-205.)

Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

A judgment debtor is entitled to a  homestead exemption of his dwelling house or mobile home, and all appurtenances thereon, from execution or forced sale.  (MCA 70-32-101, 70-32-201.)  If the debtor is married, the homestead may be selected from the property of either spouse.  (MCA 70-32-103.)  The value of a homestead may not exceed $60,000.  (MCA 70-32-104(1).)  If a debtor who is an owner of an undivided interest in real property claims a homestead exemption, he is limited to an exemption amount proportional to his undivided interest only. (MCA 70-32-104(2).)

A debtor, who is a resident of the State of Montana  is also entitled to claim exemption of certain personal property from execution or forced sale. (MCA 25-13-606.)  Some of the personal property which may be exempt from execution, without limitation, are professionally prescribed health aids for the debtor or his dependent, federal social security or local public assistance, veterans' benefits, disability or illness benefits, benefits paid or payable for medical, surgical, or hospital care to the extent they are used or will be used to pay for the care,  maintenance and child support, a burial plot,  and social security legislation benefits. (MCA 25-13-608.)  Personal property which are exempt up to a limited value may include household furnishings and goods, appliances, jewelry, wearing apparel, books, firearms and other sporting goods, animals, feed, crops, and musical instruments to the extent of a value not exceeding $600.00 in any item or $4,500.00 in aggregate value, one motor vehicle not to exceed $1,200 in value, implements, professional books and tools of the trade not to exceed $3,000.00 in aggregate value, and any unmatured life insurance contracts not to exceed $4,000.00 in value. (MCA 25-13-609.)

In situations where money or property has been sold, lost, damaged or destroyed, and the judgment debtor has been indemnified, he is entitled for six (6) months to an exemption of proceeds that are traceable.  Earnings of the judgment debtor may also remain exempt for 45 days after receipt by him and while in his possession in a form that is traceable.  For the purpose of tracing, the principles of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the judgment debtor may be applied.  (MCA 25-13-610.)

In a bankruptcy proceeding, a debtor may not claim exemption of the property specified in 11 U.S.C. 522(d) except for those property which may be exempt from execution of judgment under the laws of Montana, unemployment benefits and certain retirement plan benefits. (MCA 31-2-106.)

Statutes of Limitation:

Civil actions generally can be commenced only within certain time limitations.  The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered.   In actions based on mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. (MCA   27-2-302.)

When a cause of action accrues is a critical issue and may be different on a case by case basis.  A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes.  Some of the time limitations relevant to credit and collection matters are as follows:

Written contract       8 years      MCA 27-2-202(1)

Oral contract        5 years     MCA 27-2-202(2)

Sale of goods       4 years     MCA 30-2-725(1)

Obligation or liability, other

than a contract, account, or promise, not founded upon an instrument in writing.       3 years

MCA 27-2-202(3)

Fraud or mistake       2 years     MCA 27-2-203

Injury to or waste or trespass on real or personal property.       2 years

MCA 27-2-207

An action for relief not otherwise provided for under the statutes.     2 years

MCA 27-2-231