53-6-183. Issuance of writ of execution by clerk of court. - Montana Statutes

     53-6-183. Issuance of writ of execution by clerk of court. (1) If the requirements of subsection (2) are met, the clerk of court shall issue a writ of execution specifying the property to be levied upon, the amount due as of the date of filing of the application, and a statement that additional amounts may be due up to and through the date of the sale.
     (2) The clerk shall issue the writ if:
     (a) (i) an action has not been filed under 53-6-177 within 60 days of mailing, service, or first publication of notice, as provided in 53-6-176;
     (ii) the department has filed an affidavit meeting the requirements of 53-6-176(4); and
     (iii) the department has filed a sworn application containing the statements required by 53-6-175; or
     (b) the court has ordered the issuance of the writ in an action under 53-6-177.

     History: En. Sec. 20, Ch. 492, L. 1995.