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. § 25-13-608

(2019)

Property exempt without limitation – exceptions

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

(a) professionally prescribed health aids for the judgment debtor or a dependent of the judgment debtor;

(b) benefits the judgment debtor has received or is entitled to receive under federal social security or local public assistance legislation, except as provided in subsection (2);

(c) veterans' benefits, except as provided in subsection (2);

(d) disability or illness benefits, except as provided in subsection (2);

(e) except as provided in subsection (2), individual retirement accounts, as defined in 26 U.S.C. 408(a), to the extent of deductible contributions made before the suit resulting in judgment was filed and the earnings on those contributions, Roth individual retirement accounts, as defined in 26 U.S.C. 408A, to the extent of qualified contributions made before the suit resulting in judgment was filed and the earnings on those contributions, and rollover contributions, as defined in 26 U.S.C. 408(d)(3);

(f) benefits paid or payable for medical, surgical, or hospital care to the extent they are used or will be used to pay for the care;

(g) maintenance and child support;

(h) a burial plot for the judgment debtor and the debtor's family;

(i) benefits or payments paid or payable from a retirement system or plan within Title 19, chapters 3, 5 through 9, and 13, as provided by 19-2-1004;

(j) benefits or payments paid or payable from a retirement system or plan within Title 19, chapter 20, as provided by 19-20-706;

(k) the judgment debtor's interest in any unmatured life insurance contracts owned by the judgment debtor; and

(l) as provided in 25-13-603, a medical care savings account under Title 15, chapter 61, a health savings account under 26 U.S.C. 223, or a medical savings account under 26 U.S.C. 220 to the extent of contributions made before the suit resulting in judgment was filed and the earnings on those contributions.

(2) Veterans' and social security legislation benefits based upon remuneration for employment, disability benefits, and assets of individual retirement accounts are not exempt from execution if the debt for which execution is levied is for:

(a) child support; or

(b) maintenance to be paid to a spouse or former spouse.

Opinions construing this section

5 opinions
2020 MT 235N Sep 15, 2020 Affirmed
Marriage of Schmidt
Majority by Ingrid Gustafson · 4 to 0
ement accounts incident to a dissolution action. We are likewise not persuaded by Aimee’s argument that her retirement account is exempt from execution under § 25-13-608, MCA, as Aimee is not a judgment debtor and Todd is not a judgment creditor with respect to the court’s reallocation of the retirement account. Todd is a recipien
2020 MT 91 Apr 21, 2020 Reversed
Marriage of Mahlum and Elder
Majority by Dirk M. Sandefur · 5 to 0
s administered under Title 19, ch. 2, MCA, see § 19-2-907, MCA (defining and providing for “family law orders”). 10 17 judgment debt as referenced in § 25-13-608, MCA (exempting disability benefits from execution by judgment debtor). We thus rejected the disability pensioner’s assertion that § 25-13-608, MCA, precluded co
2017 MT 162 Jun 29, 2017 Unknown opinion
Matter of John Charles Giacometto
Majority by Mike McGrath · 6 to 1
ere the Legislature has expressly included an item in the list of statutory exemptions, it will be liberally construed in favor of the debtor to allow it. ¶7 Section 25-13-608(1)(d), MCA, allows a judgment debtor to exempt from execution “disability or illness benefits” while § 25-13-608(1)(f), MCA, exempts “benefits paid or payable for
2017 MT 162 Jun 29, 2017 Unknown opinion
Matter of John Charles Giacometto
Dissenting by Jim Rice · 6 to 1
life medical, surgical or hospital care and medications.” Archer, ¶ 6. Like Giacometto argues here, Archer argued that the proceeds should be exempted under § 25-13-608(1)(f), MCA, “to the extent those proceeds are used for [his] medical care,” and because “exemption statutes must be liberally construed.” Archer, ¶¶ 9, 14. ¶17
2015 MT 318 Nov 10, 2015 Unknown opinion
Matter of Golz
Majority by James Jeremiah Shea · 7 to 0
Court: Whether, under Montana’s liberal construction of exemptions, a debtor may claim an exemption in an inherited Individual Retirement Account pursuant to § 25-13-608(1)(e), MCA. We accepted the certified question and accepted briefs from the Debtor and the Chapter 7 Trustee appointed to the Debtor’s bankruptcy. ¶2 We answer the qu
Official Annotations archive.org, 2019 edition
History:
En. Sec. 3, Ch. 302, L. 1987
Amd. Sec. 1, Ch. 240, L. 1989
Amd. Sec. 21, Ch. 552, L. 1997
Amd. Sec. 1, Ch. 262, L. 1999
Amd. Sec. 2, Ch. 4, L. 2001 (HB 52 - Gallik, Dave (D) HD 52)
Amd. Sec. 1, Ch. 352, L. 2001 (SB 171 - Glaser, Bill (R) SD 8)
Amd. Sec. 119, Ch. 429, L. 2003 (HB 213 - Gallik, Dave (D) HD 52)
Amd. Sec. 1, Ch. 397, L. 2007 (SB 133 - Essmann, Jeff (R) SD 28)
Amd. Sec. 3, Ch. 298, L. 2017 (SB 216 - Thomas, Fred (R) SD 44)
Amd. Sec. 1, Ch. 162, L. 2019
Source text on leg.mt.gov