Table of Contents TITLE 25. CIVIL PROCEDURE CHAPTER 13. EXECUTION OF JUDGMENT Part 6. Property Exempt From Execution
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25-13-601 25-13-603 25-13-606 1 25-13-607 5 25-13-608 4 25-13-609 25-13-610 25-13-613 25-13-614 1 25-13-615

Mont. Code Ann. § 25-13-609

(2017)

Personal property exempt subject to value limitations

A judgment debtor is entitled to exemption from execution of the following:

(1) the judgment debtor's interest, not to exceed $4,500 in aggregate value, to the extent of a value not exceeding $600 in any item of property, in household furnishings and goods, appliances, jewelry, wearing apparel, books, firearms and other sporting goods, animals, feed, crops, and musical instruments;

(2) the judgment debtor's interest, not to exceed $2,500 in value, in one motor vehicle; and

(3) the judgment debtor's interest, not to exceed $3,000 in aggregate value, in any implements, professional books, and tools, of the trade of the judgment debtor or a dependent of the judgment debtor.

Opinions construing this section

4 opinions
2014 MT 323 Dec 2, 2014 Affirmed in part, reversed in part
Salminen v. Morrison & Frampton
Majority by Mike McGrath · 5 to 0
in this case against the Salminens’ bank account and wages. A judgment debtor can claim the right to certain exemptions from execution for personal property, § 25-13-609, MCA, by filing a claim for exemption with the district court, § 25-13-212, MCA. The Salminens did so in this case, and just a few days later Frampton appeared at
2012 MT 167 Aug 9, 2012 Affirmed
Cbi, Inc. v. Sharon McCrea
Majority by Patricia Cotter · 4 to 1
claimed that the $911 levied from her bank account as part of the judgment execution should be exempt. She also cited several specific exemptions provided in § 25-13-609, MCA, such as household furnishings and a motor vehicle. In her motion seeking a hearing on claimed exemptions, she asserted CBM violated the Fair Debt Collection P
2011 MT 257 Oct 13, 2011 Unknown opinion
In Re: Holzapfel
Majority by Mike McGrath · 7 to 0
rred a question of law to the Montana Supreme Court. The Court held that debtors in bankruptcy may not claim that an ATV is an exempt sporting good pursuant to § 25-13-609(1), MCA. For the purposes of personal property exempt from execution under Montana law, a four-wheeled all-terrain vehicle (ATV) is a “motor vehicle” and not a “
2010 MT 131 Jun 8, 2010 Affirmed
Bank of America v. Ivey
Majority by James C. Nelson · 4 to 0
the order of the Second Judicial District Court, Silver Bow County, holding that Mary Jo Ivey’s personal checking account is not exempt from execution under § 25-13-609(1), MCA. We affirm. ¶2 Mary Jo is a disabled resident of Butte, Montana. She currently lives solely off Social Security Disability Insurance (SSDI) benefits that to
Official Annotations archive.org, 2017 edition
History:
En. Sec. 4, Ch. 302, L. 1987
Amd. Sec. 1, Ch. 130, L. 1989
Amd. Sec. 1, Ch. 237, L. 1999 (HB 308 - Hagener, Toni (D) HD 90)
Amd. Sec. 2, Ch. 397, L. 2007 (SB 133 - Essmann, Jeff (R) SD 28)
Source text on leg.mt.gov