25-13-212. Claiming exemption -- process -- time for hearing. - Montana Statutes

     25-13-212. Claiming exemption -- process -- time for hearing. (1) To claim an exemption from execution, a judgment debtor shall file a written request for a hearing with the court that issued the execution accompanied by a written statement that describes the property that the judgment debtor claims is exempt and the reasons for the claim that the property is exempt and accompanied by copies of any documentation upon which the judgment debtor is relying for the exemption claim. A copy of the request, statement, and any documentation must be mailed by the judgment debtor on the date of filing to the judgment creditor or the judgment creditor's attorney and to the sheriff or levying officer. The request, statement, and any documentation must be filed within 10 days, excluding weekends and holidays, of the date of:
     (a) the judgment debtor's receipt of notification of execution if notification was by personal service; or
     (b) the date notification was mailed to the judgment debtor pursuant to 25-13-211(2).
     (2) If the judgment debtor does not file the request, statement, and any documentation claiming an exemption within the period provided for in subsection (1), the judgment debtor may not claim an exemption in the seized property.
     (3) A court that receives a request for an exemption hearing, along with the statement and any documentation, shall conduct the hearing within 10 days, excluding weekends and holidays, from the date of receipt of the request.
     (4) The court shall forward the order determining the judgment debtor's exemption claim to the sheriff or levying officer.

     History: En. Sec. 2, Ch. 89, L. 1999; amd. Sec. 2, Ch. 457, L. 2007.