Mont. Code Ann. » TITLE 26. EVIDENCE · CHAPTER 1. STATUTORY PROVISIONS ON EVIDENCE · Part 7. Voluntary Payment of Claims
Montana Code Annotated

Mont. Code Ann. § 26-1-706 (2026)

Effect Of Payment On Judgment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 26
  3. CHAPTER 1
  4. Part 7
  5. 26-1-706 Effect of payment on judgment

TITLE 26. EVIDENCE

CHAPTER 1. STATUTORY PROVISIONS ON EVIDENCE

Part 7. Voluntary Payment of Claims

Effect Of Payment On Judgment

26-1-706. Effect of payment on judgment. After entry of a judgment in an action for damages, any voluntary partial payment made up to that time must be treated as a credit against the judgment and must be deductible from the amount of the judgment. If after partial voluntary payments are made as provided in this section, it must be determined by a court of competent jurisdiction that the person who made the payments or on whose behalf the payments are made is liable for an amount that is less than the amount of the voluntary payments already made, the person may not have a right of action for the recovery of the amount by which the voluntary payments exceeded the amount of the judgment.

History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part); amd. Sec. 3, Ch. 257, L. 2025.

Notes of Decisions
Cited in 2 cases, 2000–2001 · leading case: Shilhanek v. D-2 Trucking, Inc., 2000 MT 16, 994 P.2d 1105.
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Shilhanek v. D-2 Trucking, Inc., 2000 MT 16, 994 P.2d 1105. · cites it 5× “Section 26-1-706, MCA (1997), sets forth the effect a voluntary payment will have on a judgment: After entry of a judgment in an action for damages for personal injuries, including death, or for damage to property arising out of any occurrence, any voluntary partial payment…”
O Hern v. Prankratz, 2001 MT 35, 19 P.3d 807. · cites it 19× “¶2 Did the District Court err in determining that medical payments made by the defendants' insurer prior to trial should be credited as voluntary payments Npursuant to § 26-1-706, MCA, against the judgment entered against the defendants? ¶3 We reverse.”
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