Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 17. CLAIM AND DELIVERY OF PERSONAL PROPERTY · Part 4. Judgment -- Return of Property
Montana Code Annotated

Mont. Code Ann. § 27-17-402 (2026)

Duty To Return Property In Good Condition

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 17
  4. Part 4
  5. 27-17-402 Duty to return property in good condition

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 17. CLAIM AND DELIVERY OF PERSONAL PROPERTY

Part 4. Judgment -- Return of Property

Duty To Return Property In Good Condition

27-17-402. Duty to return property in good condition. In all cases when a judgment is rendered, in an action to recover the possession of personal property, for the return of personal property or its value if a return cannot be had, it is the duty of the party against whom the judgment is rendered to return the property in as good condition as the property was when possession was taken by the party.

History: En. Sec. 159, p. 77, L. 1877; re-en. Sec. 159, 1st Div. Rev. Stat. 1879; re-en. Sec. 161, 1st Div. Comp. Stat. 1887; re-en. Sec. 845, C. Civ. Proc. 1895; re-en. Sec. 6627, Rev. C. 1907; re-en. Sec. 9225, R.C.M. 1921; re-en. Sec. 9225, R.C.M. 1935; R.C.M. 1947, 93-4106; amd. Sec. 672, Ch. 56, L. 2009.

Notes of Decisions
Cited in 3 cases, 2002–2019 · 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 4× “He asserts that the Credit Union failed to present evidence supporting the ex parte writ in open court in violation of § 27-17-203(2), MCA. Daniels claims that the District Court violated § 27-17-308, MCA, when it failed to transfer the property to the sheriff for five days…”
1ST BANK v. Winderl, 2002 MT 339, 60 P.3d 998. · cites it 6× “¶ 17 1st Bank's damage claims are based on the following statutes: § 27-17-401(1), MCA, which provides that: "[i]n an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be…”
v. Smith-Cote (In re Cote), 2019 MT 10, 433 P.3d 221. · cites it 3× “Section 27-17-402, MCA. If the property becomes "materially injured or lessened in value by use or otherwise" before its return, the original owner may undertake an action "for the value thereof.”
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