Montana § 27-18-202 - Plaintiff's Affidavit

§ 27-18-202. Plaintiff's Affidavit

Plaintiff's affidavit. When attachment of a defendant's property is sought, an affidavit must be made by the plaintiff or someone on the plaintiff's behalf stating: (1) facts that show that the defendant is indebted to the plaintiff in the manner specified in 27-18-101 (1); (2) that the attachment is not sought to hinder, delay, or defraud any creditor of the defendant; (3) facts creating a reasonable belief that the defendant: (a) is leaving or about to leave this state taking with the defendant property, money, or other effects that might be subjected to payment of the debt; (b) is disposing or about to dispose of the defendant's property that would be subject to execution; (c) has the power to dispose of or conceal or remove from the state property that would be subject to execution; or (d) is likely to suffer liens or encumbrances on the defendant's property that would be subject to execution; (4) a particular description and the actual value of the property to be attached; (5) facts creating a reasonable basis for a local government's belief that the underlying property is worth less than the cost of debris removal.