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Montana · Through Montana Code Annotated 2025

27-18-702: When writ quashed.

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Where this section sits in the code
  1. TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
  2. CHAPTER 18. PREJUDGMENT ATTACHMENT
  3. Part 7. Methods of Defending Against Attachment

At the hearing the defendant may challenge the merit of the underlying action, the need for the prejudgment seizure of property, or both. The writ must be quashed if the court makes a preliminary finding that:

(1) the plaintiff cannot establish the prima facie validity of the plaintiff's claim; or

(2) the plaintiff cannot establish by a preponderance of the evidence the need for the continued attachment of the defendant's property.

Collected 2026-09-14T04:50:34Z. Source file · JSON

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