Writ of Attachment

"Property may be attached in: an action upon a contract, express or implied, for the direct payment of money where the contract: (i) is not secured by any mortgage or lien upon real property; or (ii) is originally secured and such security has, without any act of the plaintiff or the person to whom the security was given, become valueless; an action based upon a statutory stockholders' liability; and an action by a local government for the purpose of ensuring debris removal if it is determined that the underlying property is worth less than the cost of debris removal. Attachment may not issue if the defendant gives security to pay the judgment. (MCA 27-18-101) Property exempt from execution is exempt from attachment. (MCA 27-18-102)

The writ must be directed to the sheriff of any county in which property of the defendant may be located and must require the sheriff to: attach and safely keep all the property of the defendant within the sheriff's county, not exempt from attachment, or as much of the property as may be sufficient to satisfy the plaintiff's demand, the amount of which must be stated in conformity with the complaint; or if the defendant gives the sheriff security by the undertaking of at least two sufficient sureties, in an amount sufficient to satisfy the demand, besides costs, or in an amount equal to the value of the property that has been or is about to be attached, take the undertaking. (MCA 27-18-301)"