{"data":{"id":"us-mt/27-18-202","jurisdiction":"us-mt","citation":"27-18-202","heading":"Plaintiff's affidavit.","body":"When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating:\n(1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101(1);\n(2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant;\n(3) facts creating a reasonable belief that the defendant:\n(a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt;\n(b) is disposing or about to dispose of the defendant's property that would be subject to execution;\n(c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or\n(d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution;\n(4) a particular description and the actual value of the property to be attached;\n(5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.","path":["TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS","CHAPTER 18. PREJUDGMENT ATTACHMENT","Part 2. Procedure for Obtaining Writ"],"source_url":"https://mca.legmt.gov/bills/mca/title_0270/chapter_0180/part_0020/section_0020/0270-0180-0020-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:33Z","sha256":"e901b7ed5776205afebc3a0c7931b8aec163d02ff930e1369398f882214e8d07","source_id":"us-mt","stale":false,"prev":"us-mt/27-18-201","next":"us-mt/27-18-203"},"notice":"GroundRules: Original legal text. Not legal advice."}