25-14-104. Procedure when debt to or ownership of judgment debtor denied. - Montana Statutes

     25-14-104. Procedure when debt to or ownership of judgment debtor denied. If it appears that a person or corporation alleged to have property of the judgment debtor or to be indebted to the judgment debtor claims an interest in the property adverse to the judgment debtor or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against the person or corporation for the recovery of the interest or debt. The court or judge may, by order, forbid a transfer or other disposition of the interest or debt until an action can be commenced and prosecuted to judgment. The order may be modified or vacated by the judge granting the order or the court in which the action is brought, at any time, upon terms that are just.

     History: En. Sec. 221, p. 89, Bannack Stat.; re-en. Sec. 244, p. 185, L. 1867; re-en. Sec. 293, Cod. Stat. 1871; re-en. Sec. 344, p. 135, L. 1877; re-en. Sec. 344, 1st Div. Rev. Stat. 1879; re-en. Sec. 356, 1st Div. Comp. Stat. 1887; re-en. Sec. 1266, C. Civ. Proc. 1895; re-en. Sec. 6854, Rev. C. 1907; re-en. Sec. 9460, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 720; re-en. Sec. 9460, R.C.M. 1935; R.C.M. 1947, 93-5907; amd. Sec. 471, Ch. 56, L. 2009.