Judgment records in Montana are documents containing final rulings of judges or courts on a judicial proceeding. Final rulings may be in the form of monetary payments to the winning party, and the losing party will be required to comply. Alongside detailing the final verdict in a case, a judgment file also offers further details about the litigation, including the name of the judge and the participating parties in the case.
Judgment records are regarded as public information. Hence, like most Montana court records, they are accessible for public viewing in various formats either at the court or through electronic means.
What is a Judgment?
A judgment is the final order of a judge or jury on a case. It is the ultimate verdict, and it states the duties of the judgment creditor and debtor, how much the penalty is, and the means to make payment. In addition, a judgment is an official written and signed document that explains the standing of the judge or court on the case, stating the constitutional privileges and responsibilities of one party to the other and the reasons behind the verdict.
Nevertheless, not all judgments award monetary compensations by the judgment debtor to the judgment creditor. Some may nullify the plaintiff's claims for compensation, order the staying of an action or its commencement, or award a court-ordered action (e.g., community service). However, all judgments are final and enforceable unless appealed.
Montana Judgment Laws
The Montana Annotated Code, Title 25, guides all proceedings concerning civil cases in Montana State. Chapter 9, entitled Judgment, is concerned about all legal processes involved in judgments in the state, including enforcing foreign judgments.
What is Judgment Lien?
A judgment lien is a burden imposed on the finances and/or properties of a judgment debtor to ensure payment of a judgment debt. A judgment debt is a monetary penalty a judge issues to the defendant after a civil case. 71-3-101, MCA categorizes lien into two parts, namely; general lien and special lien. A general lien is a judgment from the court that enables the judgment creditor to enforce a debt collection action against the judgment debtor for all obligations. On the other hand, a special lien only caters to a particular commitment the borrower has to make.
A judgment lien places a restriction on all the real properties of a judgment debtor in the county where the judge issued the judgment. It also includes the asset the loanee may possess before the judgment's expiration, according to 25-9-301, MCA. For properties the judgment debtor may have in other counties, the judgment creditor must file the judgment with the district court clerk in the new county to place the lien on the assets. A judgment lien on the judgment debtor's properties ensures that the borrower pays the debt before (re)financing or selling the properties in the future.
What is a Montana Summary Judgement?
A summary judgment is a court's final ruling without full legal proceedings (hearing). The judge usually enters a summary judgment when all parties agree to the facts of the case or when a defendant has no tenable fact or any proof to back up a claim. The court decides the case based on the papers both parties in the case submit.
Following 25-20-7-56, MCA, any of the sides in the case may file a motion for summary judgment. However, if the plaintiff files it, it is to prove that the defendant violated the law based on uncontested facts. Inversely, if the defendant applies for a summary judgment, the party must prove innocence based on the undisputed facts of the case.
If the judge reviews the case and judges it to have merit, the judicial officer passes a summary judgment, and the decision is binding. If the case is without merit, the judge dismisses the motion and sets a date to commence full court proceedings.
What is A Summary Judgment Motion In Montana?
In Montana, a summary judgment motion is a petition by either party in a case for the court to rule in their favor without conducting a full hearing. Rule 56 states that a movant may file a motion for summary judgment at any time with or without supporting material facts. However, when filing a motion for summary judgment, the moving party must notify the other party. The opposing party must also reply within 21 days of when the motion was served with documents to counter it. Nevertheless, a reply could agree with the stated facts or disagree. The movant must also reply to the response within 14 days. The court retains the right to dismiss a motion and proceed to a full hearing. Also, the court may waive the right to a hearing after 14 days of not filing a reply brief and if the other party does not request for a hearing within this time.
Montana Judgment Record Search
The Montana Public Records Act states that all public records are open to the public, to be viewed or copied, from anywhere as long as the documents do not threaten any person or public facilities and the files are not sealed. Regardless, all restrictions are valid only for 50 years, after which it reverts to public information.
A party may search for a judgment record online or at the court in Montana. The Montana court website has a tool for locating courts across the state. For offline access, an interested person may apply to the court clerk where the judgment was passed.
How Do I Look Up a Judgment In Montana?
A party may look up a judgment file in person at the courthouse or via electronic means. For judgments filed in the Montana Supreme Court, the clerk of the Supreme Court keeps all judgment records, and any interested party may access judgment records from its office. However, the documents cannot be copied for review off-site unless with a court order. Furthermore, for ease of access, the Montana Supreme Court Public View Docket Search allows for public review of cases and judgments filed in the Supreme Court (active or closed) from 1979 to the present.
Additionally, the Montana Supreme Court Opinion and Briefs provides judgment documents online using any of the following options; Case Number Search, Party Name Search, Advanced Search, or Recent Decisions Search. For judgments filed in lower courts in Montana, requestors may apply to the clerks of each court and provide names of parties in the case and case numbers.
What Happens if You Have a Judgment Against You in Montana?
A judgment awards the judgment debtor with a monetary penalty which is binding. Once a judgment is filed in Montana, a judgment lien is automatically placed on the currently owned or to be owned real properties of the judgment debtor in that county. Typically, the creditor may commence judgment collection immediately after a judgment by filing a copy of the judgment in all concerned counties. Failure to pay a decision on time could get a creditor to file a Writ of Execution which grants the sheriff or levying officer the right to seize and sell the debtor's real properties (25-13-211, MCA). The creditor may also move to garnish wages and financial accounts of the debtor.
Lastly, an applicable interest rate is determined each year in the H.15 Selected Interest Rates' publication of the Federal Reserve System. The prevailing rate at the judgment is entered, plus 3% annually till the judgment is fully paid.
How Do I Find Out If I Have Any Judgments Against Me In Montana?
Typically, the court sends a notice of judgment to both parties in a case if either or both of them were absent at the hearing. Therefore, the defendant should check their mailbox for missed notices and visit or call the court clerk where the hearing occurred. Alternatively, concerned parties may look up judgment online or search online using the details of the case, if known.
How Long Does A Judgment Stay On Your Record?
A judgment stays on the person's record in Montana for ten years from the date of entry. However, if the judgment debtor still does not pay the debt, then the creditor may renew the judgment for another ten years, eventually making a total of 20 years.
How To Enforce A Judgment In Montana
Since it is the responsibility of the winner of the civil action to collect the money owed, the party must ensure that the debtor pays the compensation. However, the judgment is an automatic enforcement tool that reiterates the right of the judgment creditor to collect what is owed. It also affords the lender the right to seize or sell the debtor's property if the borrower refuses to fulfill the obligations in the judgment.
How To Collect A Judgment In Montana
The first means of collecting on a judgment is the execution of the judgment lien on the debtor's property. The second means is by placing a levy (garnishing) on the income of the debtor. A judgment creditor may execute a judgment by obtaining a writ of execution addressed to the sheriff in the county in which the judgment debtor owns a property. After receiving the writ, the sheriff is to issue a notice of the impending execution to the debtor. The debtor has the option to pay off the judgment to have the lien released or file for an exemption hearing to select what personal property to retain.
Garnishment works by requesting that a portion of the monetary resources available to the debtor but in possession of some other party be turned over to the creditor to cover the debt. To garnish the debtor's income, the lender must obtain a writ of execution from the court. The creditor serves the writ to the person in control of the debtor's money. In obedience, the writ receiver disburses a portion of the debtor's income to the creditor to satisfy the judgment.
What Happens if a Defendant Does Not Pay a Judgment in Montana
A failure to pay a judgment in Montana may be problematic for the defendant. Notably, a verdict constitutes an automatic lien on the debtor's property until the party satisfies the judgment. The existing lien also reflects on the borrower's credit score, which may affect the debtor's credit rating, making it harder to secure loans. A defendant who refuses to pay a judgment is also liable to enforcement and collection efforts by the creditor. This may include seizure of real property and garnishment of the debtor's wages to satisfy the judgment.
What Personal Property Can Be Seized in a Judgment in Montana?
Montana permits a judgment creditor to seize both real and personal properties belonging to a judgment debtor. However, the state, under 25-13-609, MCA offers some exemptions to personal properties.
Montana Judgment Interest Rate
According to 25-9-205, MCA, the amount of interest payable on a judgment in Montana is equal to the rate for bank prime loans published by the federal reserve system in its statistical release on the day the judgment is entered, plus 3%. The rate published by the federal reserve system for the year 2021 is 3.25%. Thus the interest rate on judgments entered in the year 2021 in Montana is 6.25%.
What is a Default Judgment?
A default judgment is a ruling a court enters in favor of the plaintiff due to the absence of any opposition from the defendant. The absence of opposition means a failure to plead or defend against the civil action. A default judgment is a means of facilitating the dispensation of justice quickly and providing an avenue for a party requesting relief to obtain it even if the defendant fails to appear in court.
The process for initiating a default judgment begins after the accused fails to appear in court following a summons. The plaintiff files an affidavit with the court stating the absence. If the defendant had previously appeared in court either in person or by a representative for some part of the action, the court would issue a written notice at least seven days before the hearing. At the hearing, the court decides on granting the judgment to the plaintiff. Also, the court may require additional court proceedings, including a jury trial, to determine the damages to be paid, other matters of accounting, or to investigate the truth of allegations.
How to File a Motion To Set Aside Default Judgment in Montana
A person against whom a default judgment is entered may appeal to the court for relief with a just cause. Hence, the concerned party must file a motion to set aside default judgment stating the reason for the nonappearance and the request in clear terms. Meanwhile, filing a motion connotes that judgment was entered by mistake, surprise, accident, or the movant has a defense against the plaintiff’s claim. Upon filing, the court may tell the moving party and the plaintiff to appear in court to hear the motion.
How to File a Motion To Vacate Judgment in Montana
A party may file a motion to vacate a judgment in Montana at the court of case origin. However, the movant must state the reason for making such an application. Per Rule 60(b) of the Montana Code Annotated, legal grounds in which a party may seek relief from a judgment include;
- Mistake, surprise, inadvertence, or excusable neglect
- Discovery of a new evidence
- Misrepresentation, fraud, or misconduct on the part of the opposing party
- Void judgment
- The debtor has satisfied the judgment and obtained release or discharge from the judgment creditor
- Other reasons that the court may deem valid
How To Remove An Abstract Of Judgment In Montana
A concerned party may remove an abstract of judgment in one of two ways; either by satisfying the decision or by applying to vacate the judgment. If the judgment debtor fulfills a verdict, the judgment creditor must file a notice of satisfaction of judgment with the register’s office or county recorder in the court that entered the abstract verdict initially. Upon the filing of the notice, the court removes the abstract of judgment.
As an alternative, a party may file a motion to vacate the judgment with the court which rendered the judgment. The motion must provide a valid reason for why the court should vacate the judgment. If the court honors the request, it clears the abstract judgment.
How Long Is a Judgment Good For In Montana
A judgment in Montana is valid for ten years after the court enters the final decree. Within this time, the plaintiff may seek compensation from the defendant for the damages incurred.
Montana Judgment Statute of Limitations Law
The Montana judgment statute of limitation laws is the body of rules that state the extent of applicability of a judgment regarding the duration of time for which a decision is valid. The Montana judgment statute of limitations, stated under 27-2-201, MCA, says that a judgment is valid in Montana for ten years. Therefore, an unenforced judgment within ten years is no longer valid, and the creditor may not take any collection action during this period. Nevertheless, a judgment on unpaid restitution has no limit. Thus, the judgment creditor may collect the verdict at any time of the offender’s life.
