Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 14. PROCEEDINGS IN AID OF EXECUTION · Part 1. Proceedings to Determine Availability of Property
Montana Code Annotated

Mont. Code Ann. § 25-14-104 (2026)

Procedure When Debt To Or Ownership Of Judgment Debtor Denied

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 14
  4. Part 1
  5. 25-14-104 Procedure when debt to or ownership of judgment debtor denied

TITLE 25. CIVIL PROCEDURE

CHAPTER 14. PROCEEDINGS IN AID OF EXECUTION

Part 1. Proceedings to Determine Availability of Property

Procedure When Debt To Or Ownership Of Judgment Debtor Denied

25-14-104. Procedure when debt to or ownership of judgment debtor denied. If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.

History: En. Sec. 221, p. 89, Bannack Stat.; re-en. Sec. 244, p. 185, L. 1867; re-en. Sec. 293, Cod. Stat. 1871; re-en. Sec. 344, p. 135, L. 1877; re-en. Sec. 344, 1st Div. Rev. Stat. 1879; re-en. Sec. 356, 1st Div. Comp. Stat. 1887; re-en. Sec. 1266, C. Civ. Proc. 1895; re-en. Sec. 6854, Rev. C. 1907; re-en. Sec. 9460, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 720; re-en. Sec. 9460, R.C.M. 1935; R.C.M. 1947, 93-5907; amd. Sec. 471, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1985–2001 · leading case: Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001).
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Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001). · cites it 2× “” See § 25-14-104, MCA. ¶40 Finally, a judge may “order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment.”
Lundgren v. Hoglund, 711 P.2d 809 (Mont. 1985). · cites it 3× “The Bank contends the validity of the spendthrift provision can be addressed only in a plenary proceeding as provided by Section 25-14-104, MCA, which states: “25-14-104.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.