Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 17. CLAIM AND DELIVERY OF PERSONAL PROPERTY · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-17-101 (2026)

When Plaintiff May Claim Delivery

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 17
  4. Part 1
  5. 27-17-101 When plaintiff may claim delivery

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 17. CLAIM AND DELIVERY OF PERSONAL PROPERTY

Part 1. General Provisions

When Plaintiff May Claim Delivery

27-17-101. When plaintiff may claim delivery. The plaintiff in an action to recover possession of personal property may, at the time of issuing summons or at any time after issuing summons and before answer, claim the delivery of the property, as provided in this chapter.

History: En. Sec. 71, p. 56, Bannack Stat.; re-en. Sec. 99, p. 151, L. 1867; re-en. Sec. 116, p. 49, Cod. Stat. 1871; re-en. Sec. 154, p. 75, L. 1877; re-en. Sec. 154, 1st Div. Rev. Stat. 1879; re-en. Sec. 156, 1st Div. Comp. Stat. 1887; re-en. Sec. 840, C. Civ. Proc. 1895; re-en. Sec. 6622, Rev. C. 1907; re-en. Sec. 9220, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 509; re-en. Sec. 9220, R.C.M. 1935; R.C.M. 1947, 93-4101; amd. Sec. 658, Ch. 56, L. 2009.

Notes of Decisions
Cited in 5 cases, 1984–2008 · leading case: Yellowstone Fed. Credit Union v. Daniels, 2008 MT 111, 181 P.3d 595.
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Yellowstone Fed. Credit Union v. Daniels, 2008 MT 111, 181 P.3d 595. · cites it 18× “Section 27-17-101, MCA. The prejudgment attachment statute governs property included in a contract for direct payment where the contract is either (1) not secured by a mortgage or lien upon real property; or (2) originally was secured and such security has, without any act of…”
Montana Coalition for Stream Access, Inc. v. Hildreth, 684 P.2d 1088 (Mont. 1984). · cites it 2× “He appears to have been demanding *1093 a jury trial in an action which he contends should never have been tried.”
1ST BANK v. Winderl, 2002 MT 339, 60 P.3d 998. · cites it 4× “See § 27-17-101, MCA. Furthermore, as statutory procedures, claim and delivery statutes, like replevin statutes, must be strictly followed.”
State Ex Rel. Egeland v. City Council, 803 P.2d 609 (Mont. 1990). “Freed asserts that a five-year limitations period applies to such a claim pursuant to § 27-2-231, MCA, which is a catch-all statute for “relief not otherwise provided for.” However, the statute controlling a claim and delivery action is § 27-2-207, MCA: ‘Within 2 years is the…”
First Bank W. Montana Missoula v. Gregoroff, 770 P.2d 512 (Mont. 1989). “On September 16, 1986, the Bank commenced a Claim and Delivery action against the appellants, as provided for under § 27-17-101 et seq., MCA. Lisa Swan Semansky, counsel for the Bank, made an ex parte appearance before District Judge Arnold Olsen for Claim and Delivery of the…”
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