1. MCA Contents
  2. TITLE 27
  3. CHAPTER 18
  4. Part 6
  5. 27-18-602 Claim of attached property by third person -- plaintiff to indemnify sheriff

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 18. PREJUDGMENT ATTACHMENT

Part 6. Procedure Following Attachment -- Return of Writ

Claim Of Attached Property By Third Person -- Plaintiff To Indemnify Sheriff

27-18-602. Claim of attached property by third person -- plaintiff to indemnify sheriff. If personal property attached is claimed by a third person, the person shall give notice to the sheriff and deliver to the sheriff an affidavit, stating the person's claim, ownership, and a description of the property. Unless the plaintiff, within 10 days after receiving notice, gives the sheriff a good and sufficient bond to indemnify the sheriff against loss or damage by reason of retaining the property, the sheriff shall deliver the property to the person making the claim.

History: En. Sec. 149, p. 57, Cod. Stat. 1871; re-en. Sec. 191, p. 87, L. 1877; re-en. Sec. 191, 1st Div. Rev. Stat. 1879; re-en. Sec. 193, 1st Div. Comp. Stat. 1887; en. Sec. 906, C. Civ. Proc. 1895; re-en. Sec. 6673, Rev. C. 1907; re-en. Sec. 9273, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 549; re-en. Sec. 9273, R.C.M. 1935; R.C.M. 1947, 93-4320; amd. Sec. 695, Ch. 56, L. 2009.