Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 13. EXECUTION OF JUDGMENT · Part 5. Property Subject to Execution
Montana Code Annotated

Mont. Code Ann. § 25-13-501 (2026)

What Property Subject To Execution

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 13
  4. Part 5
  5. 25-13-501 What property subject to execution

TITLE 25. CIVIL PROCEDURE

CHAPTER 13. EXECUTION OF JUDGMENT

Part 5. Property Subject to Execution

What Property Subject To Execution

25-13-501. What property subject to execution. All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Shares 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, and all other property not capable of manual delivery may be attached on execution, in like manner as upon writs of attachment. Gold dust must be returned by the officer as so much money collected, at its current value, without exposing the same to sale. Until a levy, property is not affected by the execution.

History: En. Sec. 192, p. 81, Bannack Stat.; amd. Sec. 217, p. 178, L. 1867; re-en. Sec. 258, p. 82, Cod. Stat. 1871; re-en. Sec. 308, p. 121, L. 1877; re-en. Sec. 308, 1st Div. Rev. Stat. 1879; re-en. Sec. 319, 1st Div. Comp. Stat. 1887; re-en. Sec. 1218, C. Civ. Proc. 1895; re-en. Sec. 6821, Rev. C. 1907; re-en. Sec. 9424, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 688; re-en. Sec. 9424, R.C.M. 1935; R.C.M. 1947, 93-5810.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1980–2021 · leading case: Associated Dermatology & Skin Cancer Clinic of Helena, P.C. v. Fitte, 2016 MT 349, 388 P.3d 632.
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Associated Dermatology & Skin Cancer Clinic of Helena, P.C. v. Fitte, 2016 MT 349, 388 P.3d 632. · cites it 8× “Fitte and Mountain West argue that the subject of the interpleader was “all available insurance proceeds,” regardless of whether those proceeds had been deposited.”
Dorwart v. Caraway, 1998 MT 191, 966 P.2d 1121. · cites it 4× “All property of the judgment debtor not specifically exempt by law is subject to execution (§ 25-13-501, MCA) and property exempt from execution is set forth in Title 25, Chapter 13, Part 6 of the MCA.”
North Cent. Servs., Inc. v. Hafdahl, 625 P.2d 56 (Mont. 1981). · cites it 4× “, and section 25-13-501, et seq., MCA, the holder of a judgment in a small claims court under the present statutory scheme can procure execution on the judgment debtor's property.”
Phillips v. Loberg, 607 P.2d 561 (Mont. 1980). · cites it 9× “” Further, section 25-13-501, MCA, provides that the same procedures are required to attach a debt when a writ of execution is involved.”
Bank of Am. v. Ivey, 2010 MT 131, 234 P.3d 867. · cites it 4× “” See § 25-13-501, MCA (“All goods, chattels, moneys, and other property, both real and personal, or any interest therein of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution.”
Gulf Ins. Co. v. Clark, 2001 MT 45, 20 P.3d 780. · cites it 2× “” See § 25-13-501, MCA. If such an execution is returned unsatisfied “in whole or in part,” the judgment creditor is then “entitled to an order from a judge of the court requiring such judgment debtor to appear and answer concerning his property.”
Hannah v. Martinson, 758 P.2d 276 (Mont. 1988). · cites it 3× “However Section 25-13-501, MCA, which provides for execution against the real property interests of a judgment debtor other than ownership in fee simple, clearly demonstrates a legislative intent to make a judgment lien operative against all real property interests.”
Cini v. Viscomi & Gersh, PLLP (In re Cini), 492 B.R. 291 (Bankr. D. Mont. 2013). · cites it 7× “Carroll cites MCA § 25-13-501 as authority to find attachment and perfection of his lien.”
Inman v. Farmers Nat'l Co., 783 P.2d 1328 (Mont. 1989). · cites it 5× “Section 25-13-501, MCA, lists what property may be subject to execution to satisfy a judgment.”
Schweigert v. Schweigert, 519 F. Supp. 3d 803 (D. Mont. 2021). · cites it 4× “” Mont. Code Ann. § 25-13-501 . Critically, however, such personal “property is not effected by the execution” until a levy has occurred.”
Dorwart v. Caraway, 1998 MT 191, 966 P.2d 1121. · cites it 2× “All property of the judgment debtor not specifically exempt by law is subject to execution (§ 25-13-501, MCA) and property exempt from execution is set forth in Title 25, Chapter 13, Part 6 of the MCA.”
Travis J. Schweigert, No. 9:20-bk-90044 (Bankr. D. Mont. Oct. 7, 2020). “§ 25-13-501 (“Until a levy, property is not affected by the execution.”
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