How to Collect Your Judgment in Montana
You already won. Here's how to actually get paid — debtor's exam, wage garnishment, bank levies, and property liens, with the exact Montana forms and deadlines.
Your collection options in Montana
Work them roughly in this order — find the assets first, then go after them.
Find the money — debtor's asset exam
Compels the debtor to disclose, under oath, where they bank, work, and what they own — the information every other step depends on.
After at least one collection attempt by writ of execution, the creditor may obtain a debtor's hearing requiring the debtor to appear in court and answer under oath about salary, bank accounts, property, and other assets (MCA Title 25, Chapter 14).
Garnish wages
Form Writ of Execution (statewide self-help form, courts.mt.gov/forms/judgement)Diverts part of the debtor's paycheck to you — up to Lesser of 25% of disposable earnings OR the amount by which weekly disposable earnings exceed 30x the federal minimum hourly wage (support orders allow 50–65%).
Montana collects wages via a Writ of Execution served on the employer (no separate continuing wage-garnishment writ). The writ must be served by the sheriff or a private levying officer (creditor cannot self-serve) and remains in effect 120 days, servable multiple times until it expires. MCA 25-13-614.
Filed with: District court or justice/city court that entered the judgment; clerk issues the writ
Levy the bank account
Form Writ of Execution (statewide self-help form)Freezes and pulls non-exempt funds straight from the debtor's bank account.
Creditor obtains a Writ of Execution directing the sheriff/levying officer to levy on the debtor's savings/checking account; the writ is served by the sheriff or a private levying officer and is effective 120 days.
Lien their real estate
Attaches to property the debtor owns for 10 years — you get paid when they sell or refinance. The cheap, passive backstop.
From the time the judgment is docketed it becomes a lien on all the debtor's real property in that county (MCA 25-9-301). To lien property in another county, file a transcript/abstract of the judgment with that county's clerk (MCA 25-9-302).
The fine print that matters in Montana
How long your judgment lasts
A Montana money judgment is enforceable for 10 years (MCA 27-2-201), and the judgment lien runs 10 years from docketing (MCA 25-9-301). A writ of execution may issue within the enforcement window; an expired/dormant judgment can be revived by motion. Note: justice-court guidance commonly describes a real-property lien via Transcript of Judgment as 'good for 6 years.'
Interest while you wait
MCA 25-9-205 (amount of interest); MCA 25-9-204 (clerk includes interest). Rate = federal bank prime loan rate + 3%, simple, fixed by the rate in effect on the entry date. Source: https://mca.legmt.gov/bills/mca/title_0250/chapter_0090/part_0020/section_0050/0250-0090-0020-0050.html
What the debtor can protect (exemptions)
Wage exemption is the lesser of 25% disposable earnings or 30x FMW excess. A writ served on an employer must include the MCA 25-13-614 exemption description. Montana homestead and personal-property exemptions (MCA Title 70 / Title 25-13) protect a 'necessity of life' and other statutory property.
Montana gotchas
Wages are reached through a Writ of Execution (not a standalone wage-garnishment writ), which the creditor CANNOT serve themselves — only the sheriff or a private levying officer may serve it. The writ expires after 120 days and may need re-issuance. A debtor's hearing requires a prior execution attempt. Secondary/justice-court materials sometimes state a 6-year real-property lien (Transcript of Judgment), but the controlling district-court statute (MCA 25-9-301) sets a 10-year lien from docketing.
Let us prepare your Montana collection paperwork
We prepare your Montana-specific enforcement forms — debtor's exam, garnishment, levy, or lien — plus a plain-English playbook telling you exactly where to file and what each step costs. You file them; we never charge a cut of what you collect.
Collection firms take 33–50% of what they recover. On a $4,000 judgment that's $1,300–$2,000. Our flat fee keeps the rest in your pocket.
Montana Judgment Collection FAQ
A Montana judgment is enforceable for 10 years, and can be renewed before it expires. A Montana money judgment is enforceable for 10 years (MCA 27-2-201), and the judgment lien runs 10 years from docketing (MCA 25-9-301). A writ of execution may issue within the enforcement window; an expired/dormant judgment can be revived by motion. Note: justice-court guidance commonly describes a real-property lien via Transcript of Judgment as 'good for 6 years.'
Yes. Garnishment in Montana can reach Lesser of 25% of disposable earnings OR the amount by which weekly disposable earnings exceed 30x the federal minimum hourly wage (support orders allow 50–65%). Exemptions: Standard disposable-earnings exemption (25% / 30x FMW). A writ served on an employer must be accompanied by a document describing the MCA 25-13-614 exemptions. Necessities of life and statutory exemptions apply.
Through Debtor's Examination / Debtor's Hearing (proceedings supplementary to execution) — the court orders the debtor to appear and disclose their assets under oath. After at least one collection attempt by writ of execution, the creditor may obtain a debtor's hearing requiring the debtor to appear in court and answer under oath about salary, bank accounts, property, and other assets (MCA Title 25, Chapter 14).
From the time the judgment is docketed it becomes a lien on all the debtor's real property in that county (MCA 25-9-301). To lien property in another county, file a transcript/abstract of the judgment with that county's clerk (MCA 25-9-302). The lien lasts 10 years.
You pay the court and sheriff their own filing/levy fees directly (usually modest, and recoverable from the debtor). Our Judgment Collection service is a flat $299 — we prepare your Montana-specific enforcement forms and a step-by-step filing playbook; you file them. Compared with collection firms that take 33–50% of what they recover, that's hundreds to thousands less on a typical judgment.
Some debtors are "judgment-proof" — no job, no bank account, no equity — and no tool can squeeze money that isn't there. The honest play is the debtor's exam to confirm what exists, then keep the judgment alive (it lasts 10 years and is renewable) and try again when their situation changes. We give you the tools, not a guaranteed payout.
Collecting a judgment by county in Montana
Where you file your garnishment or levy depends on the counties.
Yellowstone County
Gallatin County
Missoula County
Flathead County
Cascade County
Lewis and Clark County
Ravalli County
Silver Bow County
Lake County
Lincoln County
Park County
Hill County
All 56 counties in Montana
Official Montana sources
- https://courts.mt.gov/forms/judgement
- https://mca.legmt.gov/bills/mca/title_0250/chapter_0090/part_0020/section_0050/0250-0090-0020-0050.html
- https://mca.legmt.gov/bills/mca/title_0250/chapter_0090/part_0030/section_0010/0250-0090-0030-0010.html
- https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0140/0250-0130-0060-0140.html
- https://archive.legmt.gov/bills/mca/title_0250/chapter_0130/part_0030/section_0010/0250-0130-0030-0010.html
- https://www.yellowstonecountymt.gov/justicecourt/JCCivilCollection.asp
This page is general information about collecting a money judgment in Montana, not legal advice. Forms, fees, and procedures change and vary by court — confirm the current requirements with the court that entered your judgment before filing.
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