Montana Debt Relief
Montana Credit Card Debt law sets a 5-year time limit for filing suit, or Statute of Limitations (SOL), on open-ended debt. The statute begins when the debtor first fails to make a scheduled payment and will start anew upon any partial payments that follow. A summons will give the Defendant 20 days to file an answer in most cases. Certified mail is the best way to send an answer.
Montana law provides 10 years for collecting on a judgment as long as it is executed within 6 years of the order. The judgment can be revived by court order after expiration. The judgment will accrue interest at 10% per year. Filing a copy of the judgment places a lien on the debtor’s real property. Personal property may also be levied to satisfy the debt. Homestead exemptions of $250,000 are allowed, plus some exemptions for personal property.
Wages can be garnished in amounts up to 25% of the debtor’s earnings, but the law does not allow for continuous garnishment. The creditor must apply for the new write every 60 days.
“Judgment by confession” is only allowed in Montana when filed by a Defendant or his representative attorney. The filing must include the amount of the confession as well.
Montana residents facing lawsuits for unpaid debt will often choose Debt Settlement over allowing a case to go to court. It is the path of least resistance, allowing for an interest-free payment plan without confrontation. In addition, Debt Settlement helps debtors avoid bankruptcy by giving them a way to live up to their debt obligations.