Montana Procedural Requirements for Wage Garnishment

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Montana Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor or upon proof, by affidavit or otherwise, to the satisfaction of the judge that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding $50, the judge may, by an order, require such person or corporation or any officer or member thereof to appear at a specified time and place before him or a referee appointed by him and answer concerning the same. Mont. Code Ann. _ 25-14-103.

If it appear that a person or corporation alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to him or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt. The court or judge may, by order, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment. Mont. Code Ann. _ 25-14-104.

The judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment. Mont. Code Ann. _ 25-14-107.

Interest Rate at which Judgments Accrue

The clerk must include in the judgment entered up by him any interest on the verdict or decision of the court, from the time it was rendered or made. Mont. Code Ann. _ 25-9-204. Interest is payable on judgments recovered in the courts of Montana at the rate of ten percent per annum and no greater rate. Such interest must not be compounded in any manner or form. Interest on a judgment involving a contractual obligation that specifies an interest rate must be paid at the rate specified in the contractual obligation. Mont. Code Ann. _ 25-9-205.