Montana Code 27-18-903. Judgment for plaintiff — disposition of attached property and proceeds of sales
27-18-903. Judgment for plaintiff — disposition of attached property and proceeds of sales. If judgment is recovered by the plaintiff, the sheriff shall satisfy the judgment out of the property attached by the sheriff that has not been delivered to the defendant or claimant, as provided in this part, or subjected to execution on another judgment recovered prior to the issuing of the attachment, if it is sufficient for that purpose:
Terms Used In Montana Code 27-18-903
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means real and personal property. See Montana Code 1-1-205
(1)by paying to the plaintiff the proceeds of all sales of perishable property or property ordered by the court or judge to be sold by the sheriff, or of any debts or credits collected by the sheriff, or as much of the proceeds, debts, or credits that is necessary to satisfy the judgment;
(2)if any balance remains due and an execution has been issued on the judgment, by selling under the execution as much of the property, real or personal, that may be necessary to satisfy the balance, if the sheriff retains enough property for that purpose. Notices of the sales must be given and the sales must be conducted as in other cases of sales on execution.