Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 18. PREJUDGMENT ATTACHMENT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-18-101 (2026)

Cases In Which Property May Be Attached

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 18
  4. Part 1
  5. 27-18-101 Cases in which property may be attached

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 18. PREJUDGMENT ATTACHMENT

Part 1. General Provisions

Cases In Which Property May Be Attached

27-18-101. Cases in which property may be attached. (1) Property may be attached in:

(a) an action upon a contract, express or implied, for the direct payment of money where the contract:

(i) is not secured by any mortgage or lien upon real property; or

(ii) is originally secured and such security has, without any act of the plaintiff or the person to whom the security was given, become valueless;

(b) an action based upon a statutory stockholders' liability; and

(c) an action by a local government for the purpose of ensuring debris removal if it is determined that the underlying property is worth less than the cost of debris removal.

(2) Attachment may not issue if the defendant gives security to pay the judgment.

(3) For the purpose of this section, the guaranty of a loan in which the only condition precedent to the obligation of the guarantor is the default of the principal is an unconditional contract for the direct payment of money.

History: En. Sec. 890, C. Civ. Proc. 1895; re-en. Sec. 6656, Rev. C. 1907; re-en. Sec. 9256, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 537; amd. Sec. 1, Ch. 82, L. 1931; re-en. Sec. 9256, R.C.M. 1935; amd. Sec. 11-159, Ch. 264, L. 1963; amd. Sec. 1, Ch. 299, L. 1977; R.C.M. 1947, 93-4301(2), (3); amd. Sec. 1, Ch. 194, L. 1985; amd. Sec. 1, Ch. 346, L. 2009.

Notes of Decisions
Cited in 6 cases, 1979–2010 · leading case: Yellowstone Fed. Credit Union v. Daniels, 2008 MT 111 (Mont. 2008).
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Yellowstone Fed. Credit Union v. Daniels, 2008 MT 111 (Mont. 2008). · cites it 8× “The Credit Union asserted, however, that the writ had complied with § 27-18-101, MCA, even if the District Court had in fact issued a writ of prejudgment attachment rather than a writ in aid of possession.”
Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001). · cites it 2× “¶37 Also, it is not uncommon for the diligent creditor in actions based in contract, pursuant to § 27-18-101, MCA, to seek a pre-judgment writ of attachment.”
Stensvad v. Miners & Merchants Bank, Etc., 598 P.2d 1083 (Mont. 1979). · cites it 3× “The sole issue presented to us is whether the guaranties involved here are contracts for the direct payment of money so as to entitle the Bank to a writ of attachment under the Montana statutes.”
Buffalo v. Thiel, 691 P.2d 1343 (Mont. 1984). · cites it 2× “The facts required in Section 27-18-101(1) must show that: “Cases in which property may be attached.”
St. Peter & Warren, P.C. v. Purdom, 2006 MT 172 (Mont. 2006). “By failing to secure a writ of prejudgment attachment of the account, see § 27-18-101 et seq., MCA, or to foreclose the lien against Bates and obtain an order to execute the judgment against the account, see § 25-13-101 et seq.”
Crum v. Blixseth (In Re Big Springs Realty LLC), 426 B.R. 860 (Bankr. D. Mont. 2010). · cites it 2× “and MCA §§ 27-18-101 et seq., a writ of attachment under the Montana Uniform Fraudulent Transfers Act, attaching the distributional interest of the 98% Limited Partner stake of Blixseth in Desert Ranch, LLLP.”
Mont. Code Ann. § 27-18-101(1): 1 case
Buffalo v. Thiel, 691 P.2d 1343 (Mont. 1984). “The facts required in Section 27-18-101(1) must show that: “Cases in which property may be attached.”
Mont. Code Ann. § 27-18-101(a)(i): 1 case
Yellowstone Fed. Credit Union v. Daniels, 2008 MT 111 (Mont. 2008). “The Credit Union asserted, however, that the writ had complied with § 27-18-101, MCA, even if the District Court had in fact issued a writ of prejudgment attachment rather than a writ in aid of possession.”
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.