26-1-706. Effect of payment on judgment, MCA

Montana Code Annotated 2025

TITLE 26. EVIDENCE

CHAPTER 1. STATUTORY PROVISIONS ON EVIDENCE

Part 7. Voluntary Payment of Claims

Effect Of Payment On Judgment

26-1-706. Effect of payment on judgment. After entry of a judgment in an action for damages, any voluntary partial payment made up to that time must be treated as a credit against the judgment and must be deductible from the amount of the judgment. If after partial voluntary payments are made as provided in this section, it must be determined by a court of competent jurisdiction that the person who made the payments or on whose behalf the payments are made is liable for an amount that is less than the amount of the voluntary payments already made, the person may not have a right of action for the recovery of the amount by which the voluntary payments exceeded the amount of the judgment.

History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part); amd. Sec. 3, Ch. 257, L. 2025.