Montana Writ of Garnishment

Introduction

Key Things to Know

1. 1

   Montana gives a judgment creditor one instrument for all of this: a writ of execution that Section 25-13-301(1) requires to be issued in the name of the state of Montana, sealed with the seal of the court and subscribed by the clerk, and the garnishment happens when the sheriff or levying officer serves that writ on whoever is holding the debtor's wages, bank balance or other property.

2. 2

   It costs $25 to issue. Section 25-1-201(1)(i) sets that figure for issuing an execution, and a county clerk of district court fee schedule prints the same $25 for execution writs with an effective date of October 1, 2025. The $20 additional fee in Section 25-1-202 does not ride along, because it is payable at the filing of a civil action rather than at issuance.

3. 3

   There is no numbered statewide form. The Judicial Branch posts unnumbered Word templates for district court, a Writ of Execution plus an Execution, a Notice of Seizure and a Writ of Execution on Transcript of Judgment from a justice court, and a separate writ for city and justice courts. Rule 5(d)(4) of the Montana Rules of Civil Procedure bars the clerk from refusing a paper solely over its form, and the Judicial Branch tells filers to follow the local rules of the filing court.

4. 4

   The wage ceiling is the federal floor written into Montana's code, not a tighter Montana number. Section 25-13-614(2) caps the garnishable share at the lesser of 25 percent of disposable earnings for the workweek, or the amount by which that week's disposable earnings exceed 30 times the federal minimum hourly wage in effect when the earnings are payable, and subsection (5) borrows its definitions from 15 U.S.C. 1672. Maintenance and support orders are the statutory exception and run higher.

5. 5

   A third party holding the debtor's property, expressly including banks, credit unions and other financial institutions, responds on the assets held at the time of the levy and has 10 business days from the levy date to deliver those assets or payments to the sheriff or levying officer (Section 25-13-402(3)). An employer withholding pay remits to the officer within 5 days of each withholding, and the officer pays you.

6. 6

   A levy on earnings runs 120 days or until the judgment is satisfied, whichever happens first, reaching earnings due on or after the date of service, and Section 25-13-402(6)(b) makes the officer mark that expiration date on every served copy. The officer separately has 120 days from receiving the writ to execute it and may levy again and again inside that window.

7. 7

   Montana's execution chapter gives you no default judgment against a garnishee that sits on the writ. The remedy is in the next chapter: under Sections 25-14-103 and 25-14-104 the judge may order a person or corporation that holds the debtor's property or owes the debtor more than $50 to appear and answer concerning the debt, forbid any transfer of that debt, and authorize you to bring a separate action to recover it.

Montana Requirements for Writ of Garnishment

• Writ of Execution, Sealed by the Clerk for $25

  There is no Montana writ of garnishment to file. Section 25-13-301(1) requires a writ of execution issued in the name of the state of Montana, sealed with the seal of the court and subscribed by the clerk of the district court that entered the judgment, referring intelligibly to that judgment and stating the amount actually due. Section 25-1-201(1)(i) charges $25 to issue it, and a county clerk of district court fee schedule prints the same $25 for execution writs effective October 1, 2025.

• No Numbered Statewide Form, Plus a Praecipe

  Montana prescribes no numbered form. The Judicial Branch posts unnumbered Word templates for district court, a Writ of Execution, an Execution, a Notice of Seizure and a Writ of Execution on Transcript of Judgment from a justice court, plus a separate city and justice court writ. Rule 5(d)(4) of the Montana Rules of Civil Procedure bars the clerk from refusing a paper solely over its form, and Montana practice adds a praecipe in which the creditor identifies specifically what to execute against.

• Directed to the Sheriff or a Bonded Levying Officer

  The writ is directed to the sheriff or levying officer and may be issued to the officer of any county, or to several counties at once (Sections 25-13-301(1)(b), 25-13-401). A registered process server may act as the levying officer anywhere in the state under Section 25-1-1101(3), but Section 25-1-1111 forbids a levying officer from levying on a judgment exceeding the officer's bond, $10,000 for an individual and $100,000 for a firm, so a larger judgment goes to the sheriff or a bonded firm.

• Ceiling: the Federal Formula in Montana's Code

  Each workweek the levy reaches the lesser of 25 percent of the judgment debtor's disposable earnings for that week, or the amount by which those disposable earnings exceed 30 times the federal minimum hourly wage in effect when the earnings are payable (Section 25-13-614(2)), with the definitions taken from 15 U.S.C. 1672. Those are the federal figures restated in state law, not a tighter Montana rule. Maintenance and support orders are the statutory exception at 50 or 60 percent, rising to 55 or 65 percent for older arrears.

• Ten Business Days to Respond, on a Snapshot

  A third party holding the debtor's property, expressly including banks, credit unions and other financial institutions, responds on the assets held at the time of levy and must deliver those assets or payments to the sheriff or levying officer within 10 business days following the date of the levy (Section 25-13-402(3)). An employer remits withheld earnings to the officer within 5 days of the day they are withheld, and funds held by a Montana state agency go over within 10 days of the date they would otherwise have been paid.

• 120 Days, With the Expiration Date Stamped On

  A levy on earnings continues for 120 days or until the judgment is satisfied, whichever occurs first, and reaches earnings due on or after the date of service through the expiration of the writ. Section 25-13-402(6)(b) makes the officer clearly mark that expiration date on all served copies. The officer has 120 days from receipt to execute the writ and may levy repeatedly inside it, the writ returns not less than 10 nor more than 120 days, and the judgment stays enforceable for 10 years.

• Service on an Entity, and the Employer Packet

  Section 25-13-402(1)(b) requires personal service on an officer or supervising employee of the entity, or on a department or person it designates. Mail works only where the entity has consented in writing, may go out of state where it processes garnishments from outside Montana, and takes effect on receipt but no later than 5 business days after mailing. A copy served on the debtor's employer must be accompanied by a document reasonably describing the Section 25-13-614 exemptions (Section 25-13-301(3)).

• No Default Judgment Against the Holder

  Montana's execution chapter creates no judgment against a third party that sits on the writ, and never uses the word garnishee. Under Section 25-14-103 the judge may order a person or corporation holding the debtor's property, or owing the debtor more than $50, to appear and answer concerning the debt. Where it denies the debt or claims an adverse interest, Section 25-14-104 lets the court authorize a separate action and forbid any transfer of the debt meanwhile, and Section 25-14-107 applies non-exempt property to the judgment.