27-18-101. Cases in which property may be attached. - Montana Statutes

     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.