81-8-315. Sale of property under supplementary writ. When an officer into whose hands a writ of execution is placed has served the writ in accordance with 81-8-311 and made a return in accordance with the facts, at any time after service and return, within the time limited as provided in 81-8-313 to hold the property taken or levied upon under the writ, another writ of execution may be issued, which must be supplementary to the first writ, and in pursuance of which the officer or person charged with the service of the substitute writ may sell the property held by the first writ as provided in this part.

Terms Used In Montana Code 81-8-315

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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