Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 13. EXECUTION OF JUDGMENT · Part 1. Right to Enforcement of Judgment
Montana Code Annotated

Mont. Code Ann. § 25-13-101 (2026)

Time Limit For Issuing Execution

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 13
  4. Part 1
  5. 25-13-101 Time limit for issuing execution

TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 1. Right to Enforcement of Judgment

Time Limit For Issuing Execution

25-13-101. Time limit for issuing execution. (1) The party in whose favor the judgment is given may, at any time within the time period prescribed in 27-2-201(1) and (2), have a writ of execution issued for its enforcement.

(2) When the judgment is for the payment of child support, the party in whose favor the judgment is given may, at any time within 10 years after the termination of the support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, have a writ of execution issued for its enforcement.

History: En. Sec. 183, p. 79, Bannack Stat.; re-en. Sec. 209, p. 176, L. 1867; re-en. Sec. 250, p. 80, Cod. Stat. 1871; amd. Sec. 301, p. 118, L. 1877; re-en. Sec. 301, 1st Div. Rev. Stat. 1879; re-en. Sec. 312, 1st Div. Comp. Stat. 1887; amd. Sec. 1210, C. Civ. Proc. 1895; re-en. Sec. 6813, Rev. C. 1907; re-en. Sec. 9416, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 681; re-en. Sec. 9416, R.C.M. 1935; R.C.M. 1947, 93-5801; amd. Sec. 4, Ch. 631, L. 1993; amd. Sec. 4, Ch. 60, L. 1995; amd. Sec. 7, Ch. 515, L. 2001.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1983–2023 · leading case: Robinson v. First Wyoming Bank, NA, 909 P.2d 689 (Mont. 1995).
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Robinson v. First Wyoming Bank, NA, 909 P.2d 689 (Mont. 1995). · cites it 16× “" The District Court concluded that registration under this statute created a new judgment so that the date of the Wyoming judgment for purposes of the issuance of a writ of execution is the date that the judgment was registered in Montana federal court. The Robinsons disagree,…”
Jones v. Arnold, 900 P.2d 917 (Mont. 1995). · cites it 20× “To summarize the following discussion, Montana law provides in separate statutes that a judgment may be enforced for a period of 10 years from docketing, § 27-2-201(l), MCA; that a writ of execution may be issued to enforce a judgment for a period of 6 years from entry, §…”
Davis v. Westphal, 2017 MT 276 (Mont. 2017). “58 and 70(d); §§ 25-13-101, -201, and -307, MCA. Davises do not assert that the District Court erred by failing to enter final judgment.”
Dorwart v. Caraway, 1998 MT 191 (Mont. 1998). · cites it 2× “See §§ 25-13-101(1) and 25-13-201, MCA. A writ of execution issued against the property of the judgment debtor must be satisfied through the levy on and sale of the judgment debtor's personal or, if necessary, real property.”
Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001). “See §§ 25-13-101 and 102, MCA. Property subject to an execution includes “[sjhares and interest in any corporation or company, debts and credits, and all other property, both real and personal, or any interest in either real or personal property.”
In Re the Marriage of Stevens, 2011 MT 124 (Mont. 2011). “Sections 25-13-101 and 27-2-201(1), MCA. Under the process by provided by law, see Title 25, chapter 13, MCA, Rodney may satisfy the judgment from any property Karen owns or subsequently acquires that is not otherwise exempt from execution.”
In Re the Marriage of Hooper, 806 P.2d 541 (Mont. 1991). “Crittendon maintains that either the six-year statute of limitations applicable to execution of judgments or the ten-year limitations period for actions on a judgment or decree should limit the amount of his past due support obligation.”
Blaine Bank of Montana v. Haugen, 858 P.2d 14 (Mont. 1993). “In fashioning a remedy, the corut determined that setting aside the sale was impractical here due to the sale of the property to various purchasers in various locations and that precluding the deficiency judgment altogether was too severe a penalty for Blaine Bank’s wrongdoing.”
St. Peter & Warren, P.C. v. Purdom, 2006 MT 172 (Mont. 2006). “, MCA, or to foreclose the lien against Bates and obtain an order to execute the judgment against the account, see § 25-13-101 et seq., MCA, the Firm had no right to demand that the Bank or the Trustees refrain from carrying out their duties to their constituencies.”
Boudette v. Boudette, 2023 MT 126N (Mont. 2023). · cites it 3× “¶5 During the course of this litigation, and shortly after our decision in Boudette I, on December 9, 2019, Oskerson filed a petition to renew and extend the judgment, with 1 Section 25-13-101(1), MCA, provides for enforcement of a foreign judgment for ten years following its…”
Farm Credit Bank of Spokane v. Fulb, 907 P.2d 956 (Mont. 1995). · cites it 2× “Under § 25-13-101, MCA, a party has six years in which to execute a judgment, but § 25-13-102, MCA, provides that a judge may extend the time allotted for execution.”
State Ex Rel. Cady v. Dist. Court, 662 P.2d 602 (Mont. 1983). · cites it 3× “The right of a judgment holder to enforce a judgment is set forth in section 25-13-101, which provides that a party in whose favor judgment is given may at anytime within six years after the entry thereof have a writ of execution issued for its enforcement.”
Show all 13 citing cases →
Mont. Code Ann. § 25-13-101(1): 4 cases
Jones v. Arnold, 900 P.2d 917 (Mont. 1995). “To summarize the following discussion, Montana law provides in separate statutes that a judgment may be enforced for a period of 10 years from docketing, § 27-2-201(l), MCA; that a writ of execution may be issued to enforce a judgment for a period of 6 years from entry, §…”
Dorwart v. Caraway, 1998 MT 191 (Mont. 1998). “See §§ 25-13-101(1) and 25-13-201, MCA. A writ of execution issued against the property of the judgment debtor must be satisfied through the levy on and sale of the judgment debtor's personal or, if necessary, real property.”
Boudette v. Boudette, 2023 MT 126N (Mont. 2023). “¶5 During the course of this litigation, and shortly after our decision in Boudette I, on December 9, 2019, Oskerson filed a petition to renew and extend the judgment, with 1 Section 25-13-101(1), MCA, provides for enforcement of a foreign judgment for ten years following its…”
Dorwart v. Caraway, 1998 MT 191 (Mont. 1998).
Mont. Code Ann. § 25-13-101(l): 1 case
Jones v. Arnold, 900 P.2d 917 (Mont. 1995). “To summarize the following discussion, Montana law provides in separate statutes that a judgment may be enforced for a period of 10 years from docketing, § 27-2-201(l), MCA; that a writ of execution may be issued to enforce a judgment for a period of 6 years from entry, §…”
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