Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 9. JUDGMENT · Part 3. Entry of Judgment and Satisfaction -- Lien
Montana Code Annotated

Mont. Code Ann. § 25-9-301 (2026)

Docketing Of Judgment -- Lien -- Expiration

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 9
  4. Part 3
  5. 25-9-301 Docketing of judgment -- lien -- expiration

TITLE 25. CIVIL PROCEDURE

CHAPTER 9. JUDGMENT

Part 3. Entry of Judgment and Satisfaction -- Lien

Docketing Of Judgment -- Lien -- Expiration

25-9-301. Docketing of judgment -- lien -- expiration. (1) Immediately after the entry of the judgment in the judgment book, the clerk shall make entries of the judgment under appropriate heads in the docket kept by the clerk.

(2) From the time the judgment is docketed, it becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien ceases. Except as provided in 61-6-123, the lien continues for 10 years unless the judgment is previously satisfied.

(3) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.

History: En. Sec. 180, p. 78, Bannack Stat.; en. Sec. 204, p. 174, L. 1867; re-en. Sec. 244, p. 77, Cod. Stat. 1871; amd. Sec. 1, p. 40, L. 1876; re-en. Sec. 295, p. 116, L. 1877; re-en. Sec. 295, 1st Div. Rev. Stat. 1879; re-en. Sec. 307, 1st Div. Comp. Stat. 1887; re-en. Sec. 1197, C. Civ. Proc. 1895; re-en. Sec. 6807, Rev. C. 1907; re-en. Sec. 9410, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 671; re-en. Sec. 9410, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, December 10, 1965, eff. January 1, 1966; R.C.M. 1947, 93-5708; amd. Sec. 1, Ch. 631, L. 1993; amd. Sec. 1, Ch. 60, L. 1995; amd. Sec. 6, Ch. 515, L. 2001.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1981–2024 · leading case: Jones v. Arnold, 900 P.2d 917 (Mont. 1995).
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Jones v. Arnold, 900 P.2d 917 (Mont. 1995). · cites it 22× “2d 1180 ; that a judgment lien continues for 6 years following docketing of the judgment and then expires by operation of law, § 25-9-301(2), MCA; and that a judgment may be extended past its 10 year duration only by filing a separate action to obtain a judgment on the judgment,…”
Hannah v. Martinson, 758 P.2d 276 (Mont. 1988). · cites it 9× “owned by him at the time” does not, on its face, indicate whether the legislature intended to include fee simple title, legal title, equitable title or other interest in the property.”
In Re Est. of Bolinger, 1998 MT 303 (Mont. 1998). · cites it 5× “” Appellants assert that based on § 25-9-301(2), MCA, the District Court lacked authority to create a lien against personal property.”
Associated Dermatology & Skin Cancer Clinic of Helena, P.C. v. Fitte, 2016 MT 349 (Mont. 2016). · cites it 4× “Behlmer and DeTienne maintain that because their judgments were obtained prior to the deposit of the commercial proceeds into the interpleader court, their judgments should have priority over other competing claims to the insurance proceeds. Behlmer and DeTienne ask that this…”
Gookin v. Huntley, 837 P.2d 412 (Mont. 1992). · cites it 14× “Section 25-9-301, MCA, provides: Docketing of judgment--lien.”
Robinson v. First Wyoming Bank, NA, 909 P.2d 689 (Mont. 1995). · cites it 4× “See § 25-9-301(2), MCA. If the filing of the federal court judgment in state court did not create a "new" judgment, then the statute could not provide unequivocally for a full 6-year judgment lien.”
Schneider v. Leaphart, 743 P.2d 613 (Mont. 1987). · cites it 3× “Section 25-9-301(2), MCA; Gaines v. Van Demark (1937), 106 Mont.”
In Re Dumontier, 389 B.R. 890 (Bankr. D. Mont. 2008). · cites it 3× “Mont. Code Ann. § 25-9-301 (2). McVieker’s failure to comply with Rule 3001(d) means his proof of claim was not executed and filed in accordance with the bankruptcy rules.”
Womack v. Houk (In Re Bangert), 226 B.R. 892 (Bankr. D. Mont. 1998). · cites it 3× “§ 25-9-301(a). On March 21, 1996, the lien attached to the Missoula real property.”
Cini v. Viscomi & Gersh, PLLP (In re Cini), 492 B.R. 291 (Bankr. D. Mont. 2013). · cites it 5× “” Rather, the lien in Miller arose by operation of statute, Mont.Code Ann. § 25-9-301(2), in which from the time a judgment is docketed it becomes a lien on all real property of the judgment debtor.”
Reichert v. Koch, 655 P.2d 993 (Mont. 1983). · cites it 3× “” If Koch had not docketed his judgment in Yellowstone County in accordance with section 25-9-301, MCA, appellants’ position would be persuasive.”
In re Wright, 525 B.R. 464 (Bankr. D. Mont. 2015). · cites it 2× “Section 25-9-301(2) provides -in pertinent part: “From the time the judgment is docketed, it becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward…”
Show all 21 citing cases →
Mont. Code Ann. § 25-9-301(2): 15 cases
Jones v. Arnold, 900 P.2d 917 (Mont. 1995). “2d 1180 ; that a judgment lien continues for 6 years following docketing of the judgment and then expires by operation of law, § 25-9-301(2), MCA; and that a judgment may be extended past its 10 year duration only by filing a separate action to obtain a judgment on the judgment,…”
In Re Est. of Bolinger, 1998 MT 303 (Mont. 1998). “” Appellants assert that based on § 25-9-301(2), MCA, the District Court lacked authority to create a lien against personal property.”
Associated Dermatology & Skin Cancer Clinic of Helena, P.C. v. Fitte, 2016 MT 349 (Mont. 2016). “Behlmer and DeTienne maintain that because their judgments were obtained prior to the deposit of the commercial proceeds into the interpleader court, their judgments should have priority over other competing claims to the insurance proceeds. Behlmer and DeTienne ask that this…”
Robinson v. First Wyoming Bank, NA, 909 P.2d 689 (Mont. 1995). “See § 25-9-301(2), MCA. If the filing of the federal court judgment in state court did not create a "new" judgment, then the statute could not provide unequivocally for a full 6-year judgment lien.”
Schneider v. Leaphart, 743 P.2d 613 (Mont. 1987). “Section 25-9-301(2), MCA; Gaines v. Van Demark (1937), 106 Mont.”
Mont. Code Ann. § 25-9-301(3): 1 case
T. Boudette v. D. Boudette, 2024 MT 131N (Mont. 2024).
Mont. Code Ann. § 25-9-301(Z): 1 case
Jones v. Arnold, 900 P.2d 917 (Mont. 1995). “2d 1180 ; that a judgment lien continues for 6 years following docketing of the judgment and then expires by operation of law, § 25-9-301(2), MCA; and that a judgment may be extended past its 10 year duration only by filing a separate action to obtain a judgment on the judgment,…”
Mont. Code Ann. § 25-9-301(a): 1 case
Womack v. Houk (In Re Bangert), 226 B.R. 892 (Bankr. D. Mont. 1998). “§ 25-9-301(a). On March 21, 1996, the lien attached to the Missoula real property.”
Mont. Code Ann. § 25-9-301(a)(2): 1 case
Womack v. Houk (In Re Bangert), 226 B.R. 892 (Bankr. D. Mont. 1998). “§ 25-9-301(a). On March 21, 1996, the lien attached to the Missoula real property.”
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