Montana Code 7-32-2131. Liability in civil actions
7-32-2131. Liability in civil actions. (1) If the sheriff does not return a notice or process in the sheriff’s possession with the necessary endorsement without delay, the sheriff is liable to the party aggrieved for $200 and for all damages sustained by the party.
Terms Used In Montana Code 7-32-2131
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
- Notice: includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding. See Montana Code 7-32-2131
- Process: includes all writs, warrants, summons, and orders of courts of justice or judicial officers. See Montana Code 7-32-2131
- Property: means real and personal property. See Montana Code 1-1-205
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
- Writing: includes printing. See Montana Code 1-1-203
(2)If the sheriff to whom a writ of execution or attachment is delivered neglects or refuses, after being required by the creditor or the creditor’s attorney, to levy upon or sell any property of the party charged in the writ that is liable to be levied upon or sold, the sheriff is liable to the creditor for the value of the property.
(3)A direction or authority by a party or a party’s attorney to a sheriff in respect to the execution of process or return of process or any act or omission relating to the process is not available to discharge or excuse the sheriff from a liability for neglect or misconduct unless it is contained in a writing signed by the attorney of the party or by the party.
(4)As used in this part, the following definitions apply:
(a)”Notice” includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding.
(b)”Process” includes all writs, warrants, summons, and orders of courts of justice or judicial officers.