Mont. Code Ann. » TITLE 71. MORTGAGES, PLEDGES, AND LIENS · CHAPTER 3. LIENS · Part 12. Agisters' Liens and Liens for Service
Montana Code Annotated

Mont. Code Ann. § 71-3-1201 (2026)

Liens For Service -- Towing And Storage Lien -- Extension Of Lien To Certain Personal Property Contained In Motor Vehicle That Is Subject To Lien -- Nonpossessory Special Liens

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 71
  3. CHAPTER 3
  4. Part 12
  5. 71-3-1201 Liens for service -- towing and storage lien -- extension of lien to certain personal property contained in motor vehicle that is subject to lien -- nonpossessory special liens

TITLE 71. MORTGAGES, PLEDGES, AND LIENS

CHAPTER 3. LIENS

Part 12. Agisters' Liens and Liens for Service

Liens For Service -- Towing And Storage Lien -- Extension Of Lien To Certain Personal Property Contained In Motor Vehicle That Is Subject To Lien -- Nonpossessory Special Liens

71-3-1201. Liens for service -- towing and storage lien -- extension of lien to certain personal property contained in motor vehicle that is subject to lien -- nonpossessory special liens. (1) If there is an express or implied contract for collecting, processing, packaging, or storing embryos or semen from livestock, a reproductive technology business to whom embryos or semen is entrusted and who still has possession has a lien upon the embryos or semen for the amount due for collecting, processing, packaging, or storing the embryos or semen and may retain possession of the embryos or semen until the sum due is paid.

(2) (a) A person who, while lawfully in possession of an article of personal property, product, or commodity renders any service to the owner or lawful claimant of the article by labor or skill employed for the making, repairing, protection, improvement, safekeeping, carriage, towing, or storage of the article or tows or stores the article as directed under authority of law has a special lien on the article. Except as provided in subsection (2)(c), the lien is dependent on possession and is for the compensation, if any, that is due to the person from the owner or lawful claimant for the service and for material, if any, furnished in connection with the service. If the service is towing or storage, the lien is for the reasonable cost of the towing or storage.

(b) Any personal property that is in a motor vehicle belonging to an uninsured or underinsured person, or for which an insurance claim was not filed or insurance coverage for towing and storage cannot be verified, that is subject to a lien as provided in subsection (2)(a) is also subject to the lien, except for the following:

(i) consumer food products not for resale or purchase;

(ii) consumer perishable goods not for resale or purchase;

(iii) prescription items;

(iv) original operators' licenses and other original identifying documents;

(v) cash, credit cards, debit cards, checks, or checkbooks;

(vi) original personal records, original legal records, and original business records;

(vii) child safety items; and

(viii) wallets or purses.

(c) A special lien is not dependent on possession if the person asserting the lien gives the owner or the owner's agent, or attaches to the article, a document identifying the article and its owner, the services performed, the cost of those services, the cost to the owner of any parts, accessories, or equipment installed, and the signature and contact information of the person asserting the nonpossessory special lien. The person desiring to assert a special lien upon the property must also file a financing statement in the office designated for filing as provided in 30-9A-501. A nonpossessory special lien may be asserted on:

(i) implements of husbandry as defined in 61-1-101;

(ii) construction equipment as defined in 61-10-102;

(iii) motorized lawncare and landscaping equipment; and

(iv) forestry equipment.

(d) The special lien created under subsection (2)(c) may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of the completion of the service, repair, or improvement of the property, the person desiring to assert a special lien upon the property gives notice in writing to the secured party or other lienholder stating the intention to assert a special lien on the property under the terms of subsection (2)(c) and stating the nature and approximate amount of the work performed or other services furnished and the cost of any parts, accessories, or equipment installed. Service may be made either by personal service or by mailing by registered or certified mail a copy of the notice to the secured party or other lienholder at the last-known post office address. Service must be considered complete upon the deposit of the notice in the post office.

History: En. Sec. 3935, Civ. C. 1895; re-en. Sec. 5805, Rev. C. 1907; amd. Sec. 1, Ch. 117, L. 1921; re-en. Sec. 8383, R.C.M. 1921; Cal. Civ. C. Sec. 3051; Based on Field Civ. C. Sec. 1696; re-en. Sec. 8383, R.C.M. 1935; amd. Sec. 11-127, Ch. 264, L. 1963; R.C.M. 1947, 45-1106(part); amd. Sec. 5, Ch. 11, L. 1979; amd. Sec. 1, Ch. 169, L. 1999; amd. Sec. 2, Ch. 444, L. 2003; amd. Sec. 1, Ch. 134, L. 2007; amd. Sec. 5, Ch. 124, L. 2013; amd. Sec. 1, Ch. 391, L. 2021; amd. Sec. 1, Ch. 178, L. 2025.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1985–2023 · leading case: Daniels-Sheridan Fed. Credit Union v. Bellanger, 2001 MT 235 (Mont. 2001).
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Daniels-Sheridan Fed. Credit Union v. Bellanger, 2001 MT 235 (Mont. 2001). · cites it 9× “Nor has Alfred cited to any authority under which an agister’s lien may be created in any manner other than pursuant to § 71-3-1201, MCA. ¶19 We hold the District Court correctly concluded Alfred had no agister’s lien or other interest in the cattle.”
Rose v. Myers, 724 P.2d 176 (Mont. 1986). · cites it 9× “Section 71-3-1201, MCA, states: (1) If there is an express or implied contract for keeping, feeding, herding, pasturing, or ranching stock, a ranch- man, farmer, agister, herder, hotel- keeper, livery, or stablekeeper to whom any horses, mules, cattle, sheep, hogs, or other…”
Hill v. Turley, 710 P.2d 50 (Mont. 1985). · cites it 3× “See Section 71-3-1201(1), MCA. Hill claimed that the Turleys were not entitled to an agister’s lien in this case, and that because they kept his cattle, he was entitled to damages for conversion and for punitive damages as well.”
Superior Auto Body v. Yeager, 2015 MT 152N (Mont. 2015). · cites it 15× “¶6 On September 25, 2013, Superior filed a lien enforcement action in the District Court, asking that the car be sold at a sheriff’s sale to satisfy the debt owed to Superior pursuant to § 71-3-1201, MCA. A show-cause hearing was held on October 29, 2013, and continued until…”
360 Reclaim v. Russell, 2023 MT 250 (Mont. 2023). · cites it 6× “On November 11, 2021, the court issued an order concluding that 360 Reclaim was acting as custodian of property owned by Russell and was therefore entitled to be paid storage costs pursuant to § 71-3-1201, MCA.3 Contrary to 360 Reclaim’s assertion that $1,000.”
Cox v. Yellowstone Cnty., 795 F. Supp. 2d 1128 (D. Mont. 2011). “§ 71-3-1201(2)(a) provides: Every person who, while lawfully in possession of an article of personal property, renders any service to the owner or lawful claimant of the article by .”
CR Weaver v. Tri-Cnty. Implement, Inc., 2013 MT 3009 (Mont. 2013). · cites it 2× “See §71-3-1201(2)(a), MCA. The Volvo is titled in Weaver’s name.”
Willoughby v. Sweeny, 720 P.2d 1202 (Mont. 1986). · cites it 3× “The Willoughbys argue that conclusion #2 contradicts the requirements of Section 71-3-1201(2), MCA, that an artisan’s lien is “dependent on possession” which requires continuous possession.”
Cunningham v. Harding, 1999 MT 239N (Mont. 1999). · cites it 2× “Shorten stated that Harding agreed to transport the horses from Colorado to Montana and take care of them while Cunningham recovered from her surgery.”
Mont. Code Ann. § 71-3-1201(1): 2 cases
Daniels-Sheridan Fed. Credit Union v. Bellanger, 2001 MT 235 (Mont. 2001). “Nor has Alfred cited to any authority under which an agister’s lien may be created in any manner other than pursuant to § 71-3-1201, MCA. ¶19 We hold the District Court correctly concluded Alfred had no agister’s lien or other interest in the cattle.”
Hill v. Turley, 710 P.2d 50 (Mont. 1985). “See Section 71-3-1201(1), MCA. Hill claimed that the Turleys were not entitled to an agister’s lien in this case, and that because they kept his cattle, he was entitled to damages for conversion and for punitive damages as well.”
Mont. Code Ann. § 71-3-1201(2): 1 case
Willoughby v. Sweeny, 720 P.2d 1202 (Mont. 1986). “The Willoughbys argue that conclusion #2 contradicts the requirements of Section 71-3-1201(2), MCA, that an artisan’s lien is “dependent on possession” which requires continuous possession.”
Mont. Code Ann. § 71-3-1201(2)(a): 3 cases
Superior Auto Body v. Yeager, 2015 MT 152N (Mont. 2015). “¶6 On September 25, 2013, Superior filed a lien enforcement action in the District Court, asking that the car be sold at a sheriff’s sale to satisfy the debt owed to Superior pursuant to § 71-3-1201, MCA. A show-cause hearing was held on October 29, 2013, and continued until…”
Cox v. Yellowstone Cnty., 795 F. Supp. 2d 1128 (D. Mont. 2011). “§ 71-3-1201(2)(a) provides: Every person who, while lawfully in possession of an article of personal property, renders any service to the owner or lawful claimant of the article by .”
CR Weaver v. Tri-Cnty. Implement, Inc., 2013 MT 3009 (Mont. 2013). “See §71-3-1201(2)(a), MCA. The Volvo is titled in Weaver’s name.”
Mont. Code Ann. § 71-3-1201(2)(b): 1 case
Superior Auto Body v. Yeager, 2015 MT 152N (Mont. 2015). “¶6 On September 25, 2013, Superior filed a lien enforcement action in the District Court, asking that the car be sold at a sheriff’s sale to satisfy the debt owed to Superior pursuant to § 71-3-1201, MCA. A show-cause hearing was held on October 29, 2013, and continued until…”
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