Montana Code 19-17-407. Exemption from legal process
19-17-407. Exemption from legal process. (1) Except as provided in 19-2-907, 19-2-909, and subsection (2) of this section, benefits received under this part are not subject to execution, garnishment, attachment, or any other process.
Terms Used In Montana Code 19-17-407
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The right of a person to any benefit or payment and the money in the plan’s pension trust fund associated with that benefit or payment is subject, once the person is entitled to distribution of the benefit or payment, to:
(a)a United States tax lien or levy for past-due taxes; and
(b)execution, garnishment, attachment, levy, or other process related to the collection of criminal fines and orders of restitution imposed under federal law as provided for in 18 U.S.C. § 3613.