S_MT PASS-27 — Bounded precision and source corrections to PASS-22
Fresh PASS-27 access date: October 26, 2026, Pacific / October 26, 2026, UTC
Scope: Only the three requested correction groups affecting PASS-22. PASS-22 remains unreviewed. This patch does not accept PASS-22, PASS-23, PASS-24, or any other pending component as a legal premise.
All sixteen PASS-22 examples and their checked numerical results remain unchanged except for:
- The express qualification added to Example 14 concerning HSA contribution timing; and
- The labeling of Example 6’s one-third and two-thirds percentages as approximate decimal displays.
I. Effect on the original PASS-22
| Group and subissue |
Affected PASS-22 location |
Correction or qualification |
Effect on original |
| 1(a) Debtor-notice contents |
Core finding 5; notice matrix; debtor-notice coverage |
Add the statutorily required date of judgment, together with case name and creditor. |
Timing and service rules remain unchanged. |
| 1(b) Excess proceeds |
Workflow row 17 and distribution language |
Add §25-13-402(2)’s exception: return excess unless the judgment or a court order directs otherwise. |
No universal debtor-return rule is created. |
| 1(c) Converted exempt-property proceeds |
Core finding 13; P22-C028; proceeds matrix; coverage |
Restore §25-13-610(1)’s two disjunctive branches: sale; or loss/damage/destruction plus indemnification. |
Indemnification is not imposed on every voluntary sale. |
| 2(a) HSA statutory interaction |
Core finding 11; exemption matrix; P22-C025; Example 14; coverage |
Read §25-13-603 together with §25-13-608(1)(l). Section 608 expressly identifies pre-suit contributions and earnings; §603 contains broader account language and its medical-expense-recovery exception. |
Exact treatment of post-suit contributions remains held. |
| 2(b) HSA controlling opinion |
Same HSA locations |
Add In re Giacometto, 2017 MT 162. Its holding concerned the pre-amendment statute, and the Court expressly said the 2017 amendment would supersede that route. |
The old “used or will be used for care” route is not silently imported as the current contribution-timing rule. |
| 3(a) P22 S007 URLs |
Source register S007 |
Restore separate full literal URLs for §§25-13-603, 608, 609, and 610. |
Locator correction. |
| 3(b) P22 S011 URLs |
Source register S011 |
Restore separate full literal URLs for §§212.2 through 212.11 and Appendix C. |
Locator and clause-precision correction. |
| 3(c) Part 212 timing and predicates |
P22-C037, C039, C046–C048, C052 |
Distinguish receipt-only initial Notice-of-Right check from account review after receipt plus sufficient identifying information; preserve §212.6’s covered-benefit predicate. |
No new federal framework is added. |
| 3(d) Official forms |
P22 S021 and Part XI |
Restore two landing pages and six direct form URLs. Five Word bodies remain unread; the generic District Praecipe PDF is a 2010 summons-service form, not a bank packet. |
No form content or revision date is inferred. |
| 3(e) Dorwart source omission |
Part X decision table; no matching source-register row |
Add Dorwart as a historical due-process source and add the narrow Buxbaum later-treatment annotation. |
Current §§25-13-211 and 212 remain the operative procedure. |
| 3(f) Dean provenance |
P22 S019; P22-C058 |
Confirm one-based PDF pp.7–10 / zero-based indices 6–9 and the historical joint-account/FIFO holding. |
Printed/PDF locator precision only. |
| 3(g) Salminen provenance |
P22 S020; P22-C061 |
Treat the filed December 2, 2014 caption as controlling; preserve pleading-stage posture and partial reversal/remand. |
No automatic bank liability or damages conclusion. |
| 3(h) Philpott and Porter |
P22 C054–C055 and source rows |
Correct majority read bounds and keep separate the statutory VA taxation clause, Porter’s creditor-process reasoning, and Justice Douglas’s separate opinion. |
Substantive bounded holdings preserved. |
| 3(i) Coverage crosslinks |
Rows using shortened C10/C12/C14 or bare S005 |
Replace with full existing claim IDs and add only the missing limited-court route claims. |
No municipal or deposit-specific form rule is invented. |
| 3(j) Example 6 percentages |
Joint-account worked example |
State exact fractions as 1/3 and 2/3; label 33.333% and 66.667% as approximate. |
$2,000 and $4,000 results remain unchanged. |
GROUP 1 — Operative statutory corrections
A. Exact replacement for PASS-22 core finding 5 and debtor-notice content
Montana officer notice after execution
Within five days after executing upon the debtor’s property, the sheriff or levying officer must serve a notice that:
- Describes the property or money seized;
- States the case name, date of judgment, and judgment creditor’s name;
- Advises that state or federal exemptions may apply; and
- Explains how the debtor may claim an exemption and request a hearing.
The statute requires the date of judgment. A form may also identify the seizure or levy date for operational clarity, but that does not replace the required judgment date. Personal service and first-class mail remain authorized, and mailed notice is complete when the officer places it in the mail. Montana Code Annotated
The related §25-13-212 conclusions remain unchanged:
- Personal service: ten days, excluding weekends and holidays, from actual receipt;
- Mail: ten days, excluding weekends and holidays, from the officer’s mailing date;
- Same-day copies to the creditor or counsel and the sheriff or levying officer;
- Hearing within ten days, excluding weekends and holidays, after the court receives the request; and
- An untimely state claim is barred in the seized property.
No actual calendar is calculated, and filing the request is not converted into an indefinite automatic stay.
Claim effect
- P22-C013 remains correct: officer notice is due within five days.
- P22-C014 remains correct: mailed notice is complete upon mailing.
- P27-C001 supplies the missing required-content proposition.
B. Exact replacement for PASS-22 workflow row 17
Distribution after the statutory hold
After the statutory hold expires and no contrary exemption, ownership, federal-protection, or court order remains pending, the officer may distribute lawful nonexempt proceeds toward the judgment. Any amount exceeding the judgment and accruing costs must be returned to the judgment debtor unless otherwise directed by the judgment or an order of the court. Montana Code Annotated
This qualification preserves:
- A judgment’s express distribution terms;
- A court’s priority or interpleader order;
- A pending exemption or third-party ownership ruling;
- Legally established superior interests;
- The officer’s applicable hold; and
- The difference between partial and full judgment satisfaction.
Corrected workflow row
| Stage |
Actor |
Trigger |
Required action |
Consequence |
| 17. Distribution |
Sheriff or levying officer |
Hold expires and no contrary order remains |
Apply lawful nonexempt proceeds as directed by statute, judgment, and court order |
Return true excess to the debtor unless the judgment or court order directs otherwise |
No bank-default, damages, fee, or universal-return theory is added.
C. Exact replacement for PASS-22 core finding 13 and P22-C028
Six-month converted-property proceeds: two statutory branches
MCA §25-13-610(1) supplies a six-month traceable-proceeds exemption through two distinct branches:
Branch 1 — exempt property was sold
If property exempt under §§25-13-608 or 25-13-609 has been sold, the debtor is entitled for six months to an exemption in proceeds that remain traceable.
The sale branch does not textually require that the debtor also have been “indemnified.”
Branch 2 — exempt property was lost, damaged, or destroyed and the debtor was indemnified
If exempt property has been lost, damaged, or destroyed and the debtor has been indemnified, the debtor is entitled for six months to the traceable indemnity proceeds.
Thus, the statute should not be compressed into a cumulative formula requiring that every exempt-property proceeds claim involve sale, loss, damage, destruction, and indemnification. Montana Code Annotated
Unchanged neighboring rules
- Exempt wages retain their exemption for 45 days after receipt while traceable.
- The debtor may select FIFO, LIFO, or another reasonable tracing method.
- Section 25-13-610 does not establish a universal six-month exemption for all money deposited into a bank account.
- The underlying property must itself have been exempt under §25-13-608 or §25-13-609.
Corrected P22-C028
MCA §25-13-610(1) creates a six-month traceable-proceeds exemption when qualifying exempt property either (a) has been sold, or (b) has been lost, damaged, or destroyed and the debtor has been indemnified. Indemnification is not an additional predicate for the sale branch.
Corrected proceeds matrix row
| Source event |
Additional statutory predicate |
Duration |
Tracing |
| Exempt property sold |
Sale proceeds remain identifiable as proceeds of the exempt property |
6 months |
FIFO, LIFO, or another reasonable method |
| Exempt property lost, damaged, or destroyed |
Debtor has been indemnified and the indemnity remains traceable |
6 months |
FIFO, LIFO, or another reasonable method |
| Exempt wages deposited |
Portion was exempt under the wage statute and remains traceable |
45 days |
FIFO, LIFO, or another reasonable method |
GROUP 2 — HSA statutory interaction and controlling authority
A. Exact replacement for PASS-22 core finding 11 and exemption-matrix HSA row
Current HSA/MCSA/MSA exemption requires both current provisions to be read
Section 25-13-603 broadly provides that a qualifying Montana medical care savings account, federal HSA, or medical savings account:
- Is exempt from creditor processes;
- Is not liable to attachment, garnishment, or similar process;
- May not be seized or applied to an account holder’s or beneficiary’s debt;
- Includes rights to hold or receive the account’s assets, income, and funds paid into or out of the account; and
- Is subject to an exception when the process seeks recovery of eligible medical expenses incurred from that account. Montana Code Annotated
Section 25-13-608(1)(l), however, places these accounts in the general execution-exemption list “as provided in 25-13-603” and expressly refers to:
- Contributions made before the suit resulting in judgment was filed; and
- Earnings on those contributions. Montana Code Annotated
These two current provisions must be read together. Calling an account a “qualifying HSA” does not by itself resolve:
- When each contribution was made;
- Which earnings derive from pre-suit contributions;
- Whether the creditor’s claim is for eligible medical expenses incurred from the account; or
- How the broad language in §603 interacts with §608(1)(l) for post-suit contributions.
Current application held
A bounded search located no post-amendment Montana appellate holding squarely deciding whether:
- Section 603 independently protects post-suit contributions despite §608(1)(l);
- Section 608(1)(l) limits the ordinary-execution exemption to pre-suit contributions and their earnings; or
- The provisions operate through another harmonized construction.
Therefore:
- Pre-suit contributions and earnings on them are expressly within §608(1)(l), subject to §603’s account qualification and medical-expense-recovery exception.
- Post-suit contributions are neither categorically declared protected nor categorically declared nonexempt in this correction.
- Actual contribution dates and earnings records remain necessary.
B. Controlling opinion qualification — In re Giacometto
In In re John Charles Giacometto, 2017 MT 162, the Montana Supreme Court held under the pre-amendment version of §25-13-608(1)(f) that an HSA could be exempt to the extent it was used or would be used for qualifying medical care. The Court then expressly observed that the 2017 legislation added a more specific savings-account exemption and would supersede the applicability of the former §608(1)(f) route to such accounts. The relevant amendment discussion is at ¶14, printed opinion page 7 / zero-based PDF index 6; the pre-amendment holding is at ¶15, printed page 8 / PDF index 7. Justia Law+2
Accordingly:
- Giacometto remains controlling for its pre-amendment facts and Montana’s liberal-construction background.
- It does not decide the current interaction between §§25-13-603 and 25-13-608(1)(l).
- Its old “used or will be used to pay for care” holding should not be substituted for the current contribution-timing text.
- The current §603(3) eligible-medical-expense recovery exception remains independently relevant.
C. Corrected P22-C025
A qualifying MCSA, HSA, or MSA receives broad account protection under §25-13-603, subject to its eligible-medical-expense recovery exception. Section 25-13-608(1)(l), while incorporating §603, expressly identifies contributions made before the suit resulting in judgment and earnings on those contributions. Pre-suit contributions and earnings are textually covered; the exact treatment of post-suit contributions under the two current provisions remains unresolved absent controlling post-amendment authority.
Confidence: High for both current statutory texts and Giacometto’s pre-amendment/supersession statement; unresolved for the current post-suit-contribution application.
D. Exact replacement for PASS-22 Example 14
Example 14 — HSA with contribution timing and debt type held
Assumptions
- Account balance: $2,500.00.
- The account otherwise satisfies the applicable MCSA/HSA/MSA definition.
- The judgment arises from an ordinary credit-card claim.
- The creditor is not seeking recovery of eligible medical expenses incurred from that account.
- Contribution dates and the allocation of earnings are initially unknown.
Branch A — the full $2,500.00 consists of pre-suit contributions and earnings on those contributions
Section 25-13-608(1)(l) expressly identifies those contributions and earnings, as provided in §25-13-603.
Conditional protected amount:
$2,500.00\boxed{$2,500.00}$2,500.00This result still assumes account qualification and that §25-13-603(3)’s medical-expense-recovery exception does not apply.
Branch B — the $2,500.00 includes one or more post-suit contributions
The exact protected amount is held because the current interaction between §603’s broad account language and §608(1)(l)’s pre-suit-contribution language has not been resolved by controlling post-amendment authority located here.
No portion is automatically classified merely from the current balance.
Branch C — the process seeks eligible medical expenses incurred from the account
Section 25-13-603(3) supplies an express exception. No $2,500.00 exemption conclusion follows without the actual expense, account, and recovery facts.
The arithmetic and original $2,500.00 balance remain unchanged. “Qualifying account” does not resolve contribution timing or debt type.
E. Corrected HSA coverage row
| Component |
Status after PASS-27 |
Claim IDs |
Exact remaining evidence or next action |
| Qualifying MCSA/HSA/MSA account protection |
Answered textually |
P27-C005, C006 |
Actual account type and governing documents |
| Pre-suit contributions and earnings |
Answered textually |
P27-C006 |
Contribution and earnings ledger |
| Post-suit contributions |
Unresolved |
P27-C008 |
Controlling post-2017 construction or claim-specific court ruling |
| Eligible-medical-expense recovery exception |
Answered textually |
P27-C007 |
Actual debt type and expense source |
| Pre-amendment Giacometto route |
Historical/currentness-qualified |
P27-C009 |
Do not use as current contribution-timing rule |
GROUP 3 — Source, provenance, and mapping corrections
A. Replacement for PASS-22 S007
S_MT-P22-S007 — Montana exemptions and tracing
Full literal URLs:
- MCA §25-13-603 — Medical care, health, or medical savings accounts
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0030/0250-0130-0060-0030.html
- MCA §25-13-608 — Property exempt without limitation
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0080/0250-0130-0060-0080.html
- MCA §25-13-609 — Property exempt to specified value
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0090/0250-0130-0060-0090.html
- MCA §25-13-610 — Tracing of proceeds exempt from execution
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0100/0250-0130-0060-0100.html
PASS-27 status: Fresh current MCA 2025 HTML reads. Printed page and PDF index are not applicable to these HTML code pages. Material HSA and tracing clauses were read completely. Montana Code Annotated+3
B. Replacement for PASS-22 S011
S_MT-P22-S011 — 31 CFR Part 212
Full literal section URLs:
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.2
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.3
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.4
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.5
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.6
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.7
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.8
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.9
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.10
- https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/section-212.11
- Appendix C
https://www.ecfr.gov/current/title-31/subtitle-B/chapter-II/subchapter-A/part-212/appendix-Appendix%20C%20to%20Part%20212
Fresh PASS-27 status: eCFR displayed the regulation as current through October 22, 2026, with Title 31 last amended October 15, 2026. HTML pages have no printed-page or PDF-index locator. eCFR+10
Precise operational qualifications
| Original P22 claim |
Precise qualification |
| P22-C037 — initial check |
Section 212.4 requires the bank, no later than two business days after receipt of the order, and before other action, to determine whether the order contains the required Notice of Right to Garnish Federal Benefits. |
| P22-C039 — account review |
Section 212.5(a) generally requires review within two business days after the bank has received both the order and sufficient identifying information. Creditor-authorized batch processing can affect timing. |
| P22-C047/C048 — no-repeat and no-continuing rules |
Section 212.6’s operative protections—including no repeated action on the same order and no continuing garnishment of later deposits—apply when the account review shows that a benefit agency deposited a covered benefit during the lookback period. |
| P22-C046 — bank notice |
Section 212.7 notice is required only if all three predicates exist: a covered deposit during the lookback; a positive balance and protected amount; and funds above the protected amount. |
| P22-C052 — records |
Section 212.11 requires sufficient compliance records for at least two years from receipt of the garnishment order. |
These are clause-precision corrections, not a new federal benefits report.
C. Replacement for PASS-22 S021 and form inventory
Official landing pages
Direct form URLs
- https://courts.mt.gov/external/library/forms/civil/city_jp/writ_exe.doc
- https://courts.mt.gov/external/library/forms/civil/district/writ_exec.doc
- https://courts.mt.gov/external/library/forms/civil/district/execution.doc
- https://courts.mt.gov/external/library/forms/civil/district/seizure.doc
- https://courts.mt.gov/external/library/forms/civil/city_jp/praecipe.doc
- https://courts.mt.gov/external/library/forms/civil/district/praecipe.pdf
Access qualification:
- The two official landing pages were freshly read.
- The five Word documents returned unsupported Word-document bodies; their text, revision dates, and every field remain not read.
- The generic District Praecipe PDF was freshly read and visually inspected. It is two pages, marked 09/10/10, and addresses summons-service information. It is not a bank-garnishment packet or authority for bank duties, fees, answers, or federal-benefit review. Montana Courts+3
No current statewide form specifically titled “bank answer,” “bank interrogatories,” “federal benefit account review,” or “bank processing fee” was identified on those official pages.
D. Added Dorwart source and bounded later treatment
Historical due-process source
Dorwart v. Caraway, 1998 MT 191, Montana Supreme Court:
Material locations freshly verified:
- ¶¶74–76: displayed PDF p.25 / zero-based PDF index 24;
- ¶¶93–94: displayed PDF p.31 / index 30;
- ¶¶95–98: displayed PDF p.32 / index 31;
- ¶¶99–101: displayed PDF p.33 / index 32;
- ¶¶102–103: displayed PDF p.34 / index 33.
The opinion recognized a protected property interest in statutory execution exemptions and held the former postjudgment procedure constitutionally inadequate because it lacked proper notice and a prompt hearing route. Current §§25-13-211 and 212 were enacted after the challenged procedure and now supply the operative statutory notice and hearing framework. Justia Law+4
Narrow later-treatment annotation
Trustees of Indiana University v. Buxbaum, 2003 MT 97, ¶46:
https://law.justia.com/cases/montana/supreme-court/2003/eff955bb-6f26-4929-9f2d-b920b9e3977c.html
Buxbaum overruled Dorwart only to the extent Dorwart was inconsistent with discretionary attorney-fee authority under the Uniform Declaratory Judgments Act, MCA §27-8-313. It did not overrule Dorwart’s execution-related due-process holdings. Printed-page and PDF-index locators were not separately authenticated because PASS-27 read the HTML opinion at ¶46. Justia Law
No complete citator claim is made.
E. Dean, Salminen, Philpott, and Porter source annotations
1. Dean v. Hoepfner
Material opinion pages were freshly inspected at printed PDF pp.7–10 / zero-based indices 6–9. The decision supports the historical proposition that traceable Social Security funds—including a spouse’s benefits—in a joint account could retain protection and that a reasonable FIFO tracing approach was permissible. The judgment was affirmed in part, reversed in part, and remanded. It does not make every unidentified joint-account balance exempt. Justia Law+3
2. Salminen v. Morrison & Frampton, PLLP
The filed caption controls: 2014 MT 323, filed December 2, 2014. The PDF’s legacy “PROPOSED OPINION” metadata does not change the filed status.
Read bounds:
- ¶¶23–33: printed pp.10–15 / PDF indices 9–14;
- ¶34: printed p.16 / index 15;
- ¶36 disposition: printed p.17 / index 16.
The Court reversed in part, affirmed in part, and remanded. Its execution and private-property discussion arose at the pleading stage. It does not establish automatic bank liability, conversion damages, or relief for every delayed exemption determination. Paragraph 34 separately affirmed dismissal of the constitutional claim. Justia Law+7
3. Philpott v. Essex County Welfare Board
https://www.govinfo.gov/content/pkg/USREPORTS-409/pdf/USREPORTS-409-413.pdf
Majority read bounds: printed pp.415–417 / zero-based PDF indices 2–4. The Court held that deposited Social Security funds remained protected where they retained the quality of money and were readily withdrawable. The holding does not protect unrelated funds or eliminate source-tracing requirements. GovInfo
4. Porter v. Aetna Casualty & Surety Co.
https://www.govinfo.gov/content/pkg/USREPORTS-370/pdf/USREPORTS-370-159.pdf
Majority read bounds: printed pp.159–162 / zero-based PDF indices 0–3. The majority protected deposited veterans’ benefits while they remained readily available for support and maintenance and retained the qualities of money rather than becoming permanent investments.
Justice Douglas’s separate writing begins after the majority’s conclusion on printed p.162 / PDF index 3 and must not be attributed to the majority. The statutory provision concerning property purchased with VA benefits as to taxation is distinct from Porter’s creditor-process analysis of permanent investment. GovInfo
F. Federal benefit statute access annotation
The following are retained as coordinator-reported dated primary-source reuse, not new PASS-27 reads:
Also retained as dated reuse:
The reported OLRC headers were:
- §§407 and 1383: laws through Public Law 119-124, October 15, 2026;
- §§352, 8346, and 8470: laws through Public Law 119-120, October 7, 2026.
No GovInfo edition year, later-amendment completeness, or current VA OLRC header is inferred beyond those attributed checks.
G. Coverage-claim crosslink replacements
| PASS-22 coverage row |
Original shorthand |
Replacement |
| Officer’s ten-day hold |
C12 |
S_MT-P22-C012, sourced to P22-S002, MCA §25-13-402(4) |
| Mailed debtor notice |
C14 |
S_MT-P22-C014, sourced to P22-S003, MCA §25-13-211(2) |
| Ordinary bank levy not continuing |
C10 |
S_MT-P22-C010, sourced to P22-S002, MCA §25-13-402(3), contrasted with wage/state-payment subsections |
| Justice/City execution route |
C001, S005 |
S_MT-P22-C001 plus S_MT-P27-C012, sourced to Justice/City Rule 23 |
| Small Claims enforcement |
S005 |
S_MT-P27-C013, sourced to MCA §25-35-807 |
| Six-month converted-property proceeds |
C028 |
S_MT-P27-C003 and C004, replacing P22-C028’s cumulative phrasing |
| HSA account protection |
C025 |
S_MT-P27-C005–C009, replacing the unqualified account label |
Limited-court sources
Justice/City Rule 23:
https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0230/0250-0230-0010-0230.html
Small Claims enforcement:
https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0080/section_0070/0250-0350-0080-0070.html
Rule 23 permits statewide execution after docketed judgment under the limited-court writ procedure. Section 25-35-807 sends Small Claims judgment enforcement to Justice Court execution law. These provisions do not resolve the still-held municipal and bank-specific form questions. Montana Code Annotated+1
H. Example 6 percentage-label correction
The original dollar inputs remain:
- Debtor contribution: $2,000;
- Nondebtor contribution: $4,000;
- Total: $6,000.
Exact fractions:
$2,000$6,000=13\frac{$2,000}{$6,000}=\frac13$6,000$2,000=31$4,000$6,000=23\frac{$4,000}{$6,000}=\frac23$6,000$4,000=32Decimal displays:
13≈33.333%\frac13\approx 33.333%31≈33.333%23≈66.667%\frac23\approx 66.667%32≈66.667%The dollar shares remain exactly:
- Debtor: $2,000;
- Nondebtor: $4,000.
The percentages must be labeled approximately because the exact decimals repeat. Montana’s ownership rule remains based on net contributions unless clear and convincing evidence shows a different intent. Montana Code Annotated
IV. PASS-27 source register
| Source ID |
Authority, issuer, full literal URL, and pinpoint |
Version/status and access classification |
Read bounds and limits |
| S_MT-P27-S001 |
MCA §25-13-211, Montana Legislature. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0020/section_0110/0250-0130-0020-0110.html |
Fresh PASS-27 public read, October 26, 2026 Pacific/UTC; current MCA 2025 HTML |
Complete section. HTML: printed page/PDF index not applicable. Montana Code Annotated |
| S_MT-P27-S002 |
MCA §25-13-402, Montana Legislature. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html |
Fresh PASS-27 public read |
Complete material subsections, including snapshot levy, return exception, repeated levy, and wage/state-payment distinctions. Montana Code Annotated |
| S_MT-P27-S003 |
MCA §§25-13-603, 608, 609, 610, Montana Legislature. Full URLs reproduced in Group 3.A. |
Fresh PASS-27 public reads |
Complete material HSA, exemption, value-limited-property, and tracing clauses. HTML; no PDF locator. Montana Code Annotated+3 |
| S_MT-P27-S004 |
In re John Charles Giacometto, 2017 MT 162, Montana Supreme Court. HTML: https://law.justia.com/cases/montana/supreme-court/2017/op-16-0709.html; PDF: https://cases.justia.com/montana/supreme-court/2017-op-16-0709.pdf?ts=1498777360 |
Fresh PASS-27 full opinion read and page inspection |
¶14 printed p.7/PDF index 6; ¶15 p.8/index 7. Pre-amendment certified question; majority said 2017 legislation superseded the old route. Justia Law+2 |
| S_MT-P27-S005 |
Justice/City Rule 23 and MCA §25-35-807, Montana Legislature. https://mca.legmt.gov/bills/mca/title_0250/chapter_0230/part_0010/section_0230/0250-0230-0010-0230.html; https://mca.legmt.gov/bills/mca/title_0250/chapter_0350/part_0080/section_0070/0250-0350-0080-0070.html |
Fresh PASS-27 public reads |
Limited route and Small Claims cross-reference only. No municipal or bank-answer form inferred. Montana Code Annotated+1 |
| S_MT-P27-S006 |
MCA §72-6-211, Montana Legislature. https://mca.legmt.gov/bills/mca/title_0720/chapter_0060/part_0020/section_0110/0720-0060-0020-0110.html |
Fresh PASS-27 public read |
Complete lifetime beneficial-ownership provision. HTML; no PDF locator. Montana Code Annotated |
| S_MT-P27-S007 |
31 CFR Part 212 §§212.2–212.11 and Appendix C, eCFR. Full URLs reproduced in Group 3.B. |
Fresh PASS-27 public reads; eCFR current through October 22, 2026, last amended October 15, 2026 |
Complete material operational clauses. HTML; no printed page/PDF index. eCFR+9 |
| S_MT-P27-S008 |
Montana Judicial Branch judgment/forms resources and six direct form URLs, full URLs in Group 3.C. |
Landing pages and generic PDF freshly read; five Word bodies failed/not read |
Generic Praecipe printed pp.1–2/PDF indices 0–1, dated 09/10/10; summons-service form, not bank packet. Montana Courts+3 |
| S_MT-P27-S009 |
Dorwart v. Caraway, 1998 MT 191, full HTML/PDF URLs in Group 3.D. |
Fresh PASS-27 opinion and page-image read; historical currentness |
¶¶74–76 displayed PDF p.25/index 24; ¶¶93–103 displayed pp.31–34/indices 30–33. Current §§211–212 postdate challenged regime. Justia Law+4 |
| S_MT-P27-S010 |
Trustees of Indiana University v. Buxbaum, 2003 MT 97, https://law.justia.com/cases/montana/supreme-court/2003/eff955bb-6f26-4929-9f2d-b920b9e3977c.html |
Fresh PASS-27 HTML read |
¶46; HTML only, printed page/PDF index not authenticated. Narrow fee-proposition overruling. Justia Law |
| S_MT-P27-S011 |
Dean v. Hoepfner, full HTML/PDF URLs in Group 3.E. |
Fresh PASS-27 full opinion/PDF-page read |
Printed PDF pp.7–10 / indices 6–9. Historical source/tracing facts. Justia Law+3 |
| S_MT-P27-S012 |
Salminen v. Morrison & Frampton, PLLP, 2014 MT 323, full HTML/PDF URLs in Group 3.E. |
Fresh PASS-27 full opinion/page read |
¶¶23–33 pp.10–15/indices 9–14; ¶34 p.16/index 15; ¶36 p.17/index 16. Filed Dec. 2, 2014. Justia Law+3 |
| S_MT-P27-S013 |
Philpott v. Essex County Welfare Board, 409 U.S. 413 (1973), https://www.govinfo.gov/content/pkg/USREPORTS-409/pdf/USREPORTS-409-413.pdf |
Fresh PASS-27 official U.S. Reports read |
Majority printed pp.415–417/PDF indices 2–4. GovInfo |
| S_MT-P27-S014 |
Porter v. Aetna Casualty & Surety Co., 370 U.S. 159 (1962), https://www.govinfo.gov/content/pkg/USREPORTS-370/pdf/USREPORTS-370-159.pdf |
Fresh PASS-27 official U.S. Reports read |
Majority printed pp.159–162/PDF indices 0–3; separate opinion begins at p.162/index 3. GovInfo |
| S_MT-P27-S015 |
Federal benefit statutes, exact GovInfo and OLRC URLs in Group 3.F. |
Coordinator-reported dated reuse, not fresh PASS-27 reads |
Pinpoints and header dates preserved exactly as attributed; no later-amendment completeness inferred. |
V. PASS-27 claim register
| Claim ID |
Affected original P22 location or claim |
Precise corrected claim |
Source/pinpoint, consequence, confidence |
| S_MT-P27-C001 |
Core 5; notice matrix; P22-C013/C014 context |
Officer notice must state case name, date of judgment, and creditor; seizure date is not a substitute. |
P27-S001, §25-13-211(1)(b). High. |
| S_MT-P27-C002 |
Workflow row 17 |
True excess is returned unless the judgment or court order directs otherwise. |
P27-S002, §25-13-402(2). High. |
| S_MT-P27-C003 |
Replaces P22-C028 in part |
Six-month tracing applies when qualifying exempt property has been sold, without adding indemnification as a sale predicate. |
P27-S003, §25-13-610(1). High. |
| S_MT-P27-C004 |
Replaces P22-C028 in part |
For property lost, damaged, or destroyed, six-month tracing requires that the debtor was indemnified. |
P27-S003, §25-13-610(1). High. |
| S_MT-P27-C005 |
Qualifies P22-C025 |
Section 603 broadly protects qualifying savings-account rights, assets, income, and funds, subject to the eligible-medical-expense recovery exception. |
P27-S003, §25-13-603. High. |
| S_MT-P27-C006 |
Qualifies P22-C025 |
Section 608(1)(l) expressly identifies pre-suit contributions and earnings on them, as provided in §603. |
P27-S003, §25-13-608(1)(l). High. |
| S_MT-P27-C007 |
Core 11; Example 14 |
Section 603 does not apply to the extent process seeks recovery of eligible medical expenses incurred from the account. |
P27-S003, §25-13-603(3). High. |
| S_MT-P27-C008 |
Example 14 and HSA coverage |
Exact protection for post-suit contributions under current §§603 and 608(1)(l) remains unresolved. |
Current texts plus bounded search. High as a gap statement. |
| S_MT-P27-C009 |
HSA currentness |
Giacometto construed pre-amendment §608(1)(f) and expressly said the 2017 amendment would supersede that route. |
P27-S004, ¶¶14–15. High. |
| S_MT-P27-C010 |
P22-C037/C039 |
§212.4’s initial check follows receipt of the order; §212.5 account review follows receipt plus sufficient identifying information. |
P27-S007, §§212.4–212.5. High. |
| S_MT-P27-C011 |
P22-C047/C048 |
Section 212.6’s same-order/no-continuing rules depend on the review finding a covered benefit deposit. |
P27-S007, §212.6 lead-in, (f)–(g). High. |
| S_MT-P27-C012 |
Replaces bare S005 in Justice/City coverage |
Justice/City execution proceeds under Rule 23 after docketed judgment and issuance of the limited-court writ. |
P27-S005, Rule 23. High; bank-specific form remains held. |
| S_MT-P27-C013 |
Replaces bare S005 in Small Claims coverage |
Small Claims judgment collection follows Justice Court execution law. |
P27-S005, §25-35-807. High. |
| S_MT-P27-C014 |
Adds missing Dorwart crosslink |
Dorwart historically recognized a protected interest in execution exemptions and the need for adequate notice and prompt hearing. |
P27-S009, ¶¶74–76, 93–103. High historical holding. |
| S_MT-P27-C015 |
Dorwart later treatment |
Buxbaum overruled only Dorwart’s inconsistent UDJA attorney-fee proposition, not its due-process holding. |
P27-S010, ¶46. High and bounded. |
| S_MT-P27-C016 |
P22-C058 |
Dean supports historical tracing of identifiable Social Security funds in a joint account and reasonable FIFO analysis. |
P27-S011, PDF pp.7–10/indices 6–9. High, fact-specific. |
| S_MT-P27-C017 |
P22-C061 |
Salminen was a filed opinion reversing in part, affirming in part, and remanding at the pleading stage; it does not establish automatic bank liability or damages. |
P27-S012, ¶¶23–36. High. |
| S_MT-P27-C018 |
P22-C054 |
Philpott protected deposited Social Security funds retaining the quality of money and ready withdrawal. |
P27-S013, pp.415–417/indices 2–4. High, source-specific. |
| S_MT-P27-C019 |
P22-C055 |
Porter protected deposited VA funds while readily available for support and not converted to permanent investment; separate-opinion language is not majority law. |
P27-S014, pp.159–162/indices 0–3. High, fact-specific. |
| S_MT-P27-C020 |
P22-C046/C052 |
Part 212 notice requires all three §212.7 predicates; compliance records run at least two years from receipt of the order. |
P27-S007, §§212.7, 212.11. High. |
| S_MT-P27-C021 |
Example 6 |
One-third and two-thirds are exact fractions; 33.333% and 66.667% are approximate decimal displays. |
Arithmetic plus P27-S006. Dollar results unchanged. High. |
| S_MT-P27-C022 |
P22 S021/forms |
Five official Word-form bodies and their revision dates remain unread; the 2010 generic District Praecipe is not a bank packet. |
P27-S008. High provenance qualification. |
VI. Coverage and residual-gap table
| PASS-27 subissue |
Status |
Claims |
Exact missing evidence or next action |
| Required judgment date in debtor notice |
Corrected |
C001 |
Actual notice and judgment record |
| Five-day notice timing |
Preserved |
P22-C013 |
Actual execution date |
| Personal-versus-mail claim trigger |
Preserved |
P22-C014 and original §212 claim |
Actual service or mailing record |
| Same-day copies/hearing/late claim |
Preserved |
Original P22 claims |
Actual filing and receipt dates |
| Excess-return exception |
Corrected |
C002 |
Judgment, court order, priorities, and final accounting |
| Sale proceeds branch under §610 |
Corrected |
C003 |
Proof that exempt property was sold and proceeds remain traceable |
| Casualty/indemnity branch under §610 |
Corrected |
C004 |
Loss, damage, destruction, indemnification, and tracing |
| Six-month universal bank exemption |
Rejected/preserved as no |
C003–C004 |
Another specific exemption must apply |
| Forty-five-day deposited-wage tracing |
Unchanged |
P22-C026/C027 |
Source, receipt date, and transaction history |
| HSA §603 protection |
Answered textually |
C005, C007 |
Actual account and debt type |
| HSA §608(1)(l) timing |
Answered textually |
C006 |
Contribution and earnings records |
| Post-suit HSA contributions |
Unresolved |
C008 |
Post-2017 controlling construction or claim-specific order |
| Giacometto current reach |
Qualified |
C009 |
Its pre-amendment route is not current timing law |
| Part 212 initial check/review distinction |
Corrected |
C010 |
Order receipt and sufficient identifying information |
| Part 212 no-repeat/no-continuing predicate |
Corrected |
C011 |
Covered-benefit finding and whether order is same/new |
| Part 212 notice predicates |
Corrected |
C020 |
Actual review balance and protected/excess amounts |
| Part 212 records trigger |
Corrected |
C020 |
Actual receipt date |
| Full §212 URLs |
Corrected |
C010–C011, C020 |
None |
| Justice/City route claim link |
Corrected |
C012 |
Actual court and writ |
| Small Claims route claim link |
Corrected |
C013 |
Actual judgment |
| Municipal route |
Still unresolved |
— |
Current municipal-specific execution authority |
| Official form URLs |
Corrected |
C022 |
Readable current form bodies and revision dates |
| Dorwart missing source |
Corrected |
C014 |
No full subsequent-history audit |
| Buxbaum narrow later treatment |
Answered |
C015 |
No complete citator |
| Dean locator and scope |
Corrected |
C016 |
Actual account tracing remains private/fact-specific |
| Salminen status and posture |
Corrected |
C017 |
Merits and later proceedings not researched |
| Philpott read bounds |
Corrected |
C018 |
Actual Social Security source and tracing |
| Porter majority boundary |
Corrected |
C019 |
Actual VA source, availability, and investment status |
| Federal benefit statute provenance |
Qualified as dated reuse |
Original P22 benefit claims |
Complete later-amendment audit if required |
| Example 6 percentages |
Corrected as approximate |
C021 |
Dollar allocation unchanged |
| All other sixteen examples |
Preserved |
Original P22 claims |
No recomputation or new assumptions |
| Actual bank fee/account review/service/order |
Unresolved |
Original P22 holds |
Actual records prohibited/outside scope |
| Local/tribal/country/sector rules |
Excluded unchanged |
— |
Separate jurisdiction-specific work |
| Private Part 212 cause of action |
Unresolved unchanged |
Original P22 hold |
Controlling cause-of-action authority |
| Whole bank report acceptance |
Not supplied |
— |
Coordinator review remains pending |
VII. Self-check
Freshly read in PASS-27
- MCA §§25-13-211, 402, 603, 608, 609, 610, 72-6-211;
- Justice/City Rule 23 and MCA §25-35-807;
- 31 CFR §§212.2 through 212.11 and Appendix C;
- Montana Judicial Branch judgment and civil-form pages;
- The generic District Praecipe PDF;
- In re Giacometto;
- Dorwart;
- Buxbaum;
- Dean;
- Salminen;
- Philpott; and
- Porter.
Coordinator-reported dated reuse, not fresh PASS-27 reads
- 38 U.S.C. §5301;
- 45 U.S.C. §§231m and 352(e);
- 5 U.S.C. §§8346 and 8470;
- OLRC currentness headers for §§407, 1383, 352, 8346, and 8470.
Failed or unread
- Five official Word-form bodies and their internal revision dates;
- A post-amendment Montana appellate decision squarely resolving current §§25-13-603 and 608(1)(l) for post-suit HSA contributions;
- Any actual bank account, contribution ledger, ACH coding, benefit record, order, notice, fee, ownership record, or exemption filing.
Preserved unchanged
- All sixteen P22 examples except the two stated textual qualifications;
- All checked dollar results;
- The state snapshot levy;
- State-repeat versus Part 212 same-order distinction;
- No-continuing-garnishment rule;
- Actual-account, source, fee, service, order, title, contribution, currentness, local, tribal, country, and private-cause holds;
- No adoption of PASS-22, PASS-23, PASS-24, or P26 as an accepted whole.
No filing, account movement, bank instruction, exemption claim, records request, provider or person lookup, local write, independent-review conclusion, component acceptance, Montana acceptance, parent-dossier acceptance, A066 acceptance, operational approval, or publication-readiness determination occurred.
END S_MT PASS-27.