S_MT PASS-28 — Bounded precision and completeness corrections to PASS-23
Fresh PASS-28 access date: October 26, 2026, Pacific / October 26, 2026, UTC
Scope: Only the four requested correction groups affecting PASS-23. PASS-23 remains unreviewed. PASS-21, PASS-22, PASS-24, PASS-27, and the prepared but unsent PASS-25 are not adopted as accepted premises.
All 11 PASS-23 worked examples and all 30 previously checked numerical quantities remain preserved. Example 8 receives only the secured-payoff-interest qualification stated below; its original $15,000 − $8,000 − $4,000 = $3,000 and conditional $1,800 arithmetic are not otherwise changed.
I. Effect on the original PASS-23
| Group / subissue |
Affected PASS-23 location |
Correction or qualification |
Effect |
| 1. Required notice content |
VI.A debtor-notice list; notice claims and coverage |
Replace “date of seizure” as the required statutory item with date of judgment, together with case name and creditor name. Seizure date may be included as an additional operational fact. |
The five-day notice deadline and §25-13-212 claim/hearing rules remain unchanged. |
| 2(a). Sold-property proceeds |
Core finding 30; IV.A proceeds row; C042; coverage |
A sale of exempt property is one independent §25-13-610(1) branch. Indemnification is not added as a predicate to a voluntary sale. |
Six-month duration, traceability, and the underlying §§608/609 qualification remain. |
| 2(b). Casualty proceeds |
Same locations |
Loss, damage, or destruction is the other branch and requires that the debtor was indemnified. |
The statute is not treated as requiring all listed events cumulatively. |
| 2(c). Example 10 |
Example 10 |
Preserve its conditional $3,000 insurance-proceeds-at-four-months and seven-month branch. |
No new date, source, or tracing conclusion is inserted. |
| 3(a). Pre-seizure security-interest prerequisite |
Core finding 22; V.B; workflow before stage 7; C039 |
State the exact §25-13-505 alternatives: pay or tender the secured debt and interest, or make the specified deposit with the county treasurer or other filing officer. |
The prerequisite is placed before the taking of the property, not merely at distribution. |
| 3(b). Secured-party affidavit |
V.B; C040; coverage |
Add agreement-of-record, personal service, 15-day period, exact filing office, required affidavit components, and the creditor-specific consequence of noncompliance. |
Failure does not void the agreement universally. |
| 3(c). Surrender and delivery chain |
V.B; workflow |
Add §25-13-506(2)’s surrender of the security agreement/note/evidence and delivery to the execution creditor after payoff. |
No actual instrument or payoff is presumed. |
| 3(d). Sale-proceeds interest |
Workflow stage 17; C041; Example 8 |
Add repayment of the advanced sum with interest from the payment date before ordinary execution treatment of the balance. |
Original arithmetic survives only if that interest is included in the assumed $8,000 or separately equals zero on proved facts. |
| 3(e). Delivery to debtor |
Workflow stage 17; coverage |
Add §25-13-712(2)’s conditional delivery to the debtor of the obtained security agreement, note, or other evidence when sale price reaches the secured indebtedness. |
This was a missing end step. |
| 4(a). Full original-source URLs |
Original P23 S001, S003, S004, S006, S007, S011 |
Restore every actually used literal URL; remove “through section” and municipal shorthand. |
Locator correction only; unchanged bodies are not reclassified as freshly read. |
| 4(b). Dorwart later treatment |
P23 S012 and case table |
Add Buxbaum’s narrow overruling of only the inconsistent UDJA attorney-fee proposition. |
Dorwart’s historical residence-entry and due-process holdings remain bounded background. |
| 4(c). Holzapfel scope |
C036, case source, overlap coverage, ATV examples |
Limit the case to its bankruptcy-certified ATV classification holding. |
No universal anti-overlap rule is created. |
| 4(d). Maynard scope |
Selected-gun discussion and case source |
Preserve the additional one-gun holding; reject any inference that marriage automatically doubles the exemption. |
Actual debtor status, ownership, and selection remain required. |
| 4(e). Sandvig currentness |
Historical affirmative-selection discussion |
Preserve the one-vehicle-election and affirmative-action holding while noting that current §25-13-212 now supplies a specific claim procedure. |
Historical procedure is not substituted for current law. |
| 4(f). Salminen posture |
Case table/source annotation |
Identify the filed 2014 opinion, private-residence warrant facts, pleading-stage disposition, and affirmed dismissal of the constitutional claim. |
No automatic liability, damages, or bank-case holding. |
| 4(g). HB 555 provenance |
Exemption amount source/currentness |
Freshly verify printed page 2209/PDF index 238, the four amounts, and May 14, 2021 immediate effectiveness. |
No indexing mechanism is added. |
| 4(h). Qualified negative findings |
C037, C050, related coverage |
Limit wildcard and redemption negatives to the specific statutory provisions actually reviewed. |
Bankruptcy, secured repossession, contract rights, real-property redemption, federal and special statutes remain held. |
II. GROUP 1 — Exact notice-content replacement
Replacement for PASS-23 VI.A
Debtor notice after execution
Within five days after executing upon the judgment debtor’s property, the sheriff or levying officer must serve a notice that:
- Describes the property or money seized to satisfy the judgment;
- States the case name, date of judgment, and judgment creditor’s name;
- Advises that exemptions may be available under Montana or federal law; and
- States the procedure for claiming an exemption and requesting a hearing.
The statute requires the date of judgment. The date of seizure may be included on a form as useful additional operational information, but it may not replace the required judgment date. Personal service and first-class mail remain authorized; 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: the ten-day claim period, excluding weekends and holidays, runs from actual receipt;
- Mail: it runs from the officer’s mailing date;
- The debtor must mail copies to the creditor or counsel and to the sheriff or levying officer on the filing date;
- The court must hold the hearing within ten days, excluding weekends and holidays, after receiving the request; and
- An untimely state exemption claim is barred in the seized property. Montana Code Annotated
No actual calendar is calculated, and neither the notice nor a private objection creates an indefinite automatic stay.
Notice claim-cell effect
| Original PASS-23 claim |
Disposition |
| C016 — notice due within five days |
Retained unchanged. |
| C017 — mailed notice complete upon mailing |
Retained unchanged. |
| C018–C022 — claim content, deadline, copies, hearing, late claim |
Retained unchanged. |
| New P28 corrective claim |
Adds the missing statutory content: case name, date of judgment, and creditor name. |
Corrected coverage row
| Component |
Status |
Claim links |
Remaining evidence |
| Debtor notice timing, content, and service |
Answered with corrected content |
P23-C016–C022; P28-C001 |
Actual notice, judgment date, service or mailing record, and property description |
III. GROUP 2 — Exact §25-13-610 conversion branches
Replacement for PASS-23 core finding 30
MCA §25-13-610(1) supplies a six-month traceable-proceeds exemption through two disjunctive branches:
Branch A — exempt property was sold
If money or property exempt under §25-13-608 or §25-13-609 has been sold, the debtor is entitled for six months to an exemption in identifiable proceeds.
The statute does not add indemnification as a separate predicate to this sale branch.
Branch B — 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 for it, the identifiable indemnity proceeds receive the six-month exemption.
The statute therefore does not require that the property have been sold, lost, damaged, destroyed, and indemnified as one cumulative event. Montana Code Annotated
The adjacent rules remain unchanged:
- The original property must have qualified under §25-13-608 or §25-13-609;
- The proceeds must remain traceable;
- The six-month protection is not a universal exemption for every bank deposit;
- Exempt earnings instead use the separate 45-day rule; and
- The debtor may select FIFO, LIFO, or another reasonable tracing method. Montana Code Annotated
Replacement for the proceeds matrix
| Conversion event |
Additional predicate |
Duration |
Tracing |
| Qualifying exempt property sold |
Identifiable sale proceeds from property exempt under §608 or §609 |
6 months |
FIFO, LIFO, or another reasonable method selected by debtor |
| Qualifying exempt property lost, damaged, or destroyed |
Debtor was indemnified and the indemnity proceeds remain identifiable |
6 months |
Same tracing alternatives |
| Exempt earnings deposited |
Earnings were exempt under §614 and remain traceable |
45 days after receipt |
Same tracing alternatives |
Replacement for PASS-23 C042
S_MT-P23-C042 — corrected: Section 25-13-610(1) protects traceable proceeds for six months when qualifying exempt property either has been sold, or has been lost, damaged, or destroyed and the debtor has been indemnified. Indemnification is not an additional condition of the sale branch.
Source: MCA §25-13-610(1).
Confidence: High for the current text.
Consequence: P23’s compressed cumulative phrasing is replaced; the original duration and tracing conclusions remain.
Example 10
No numerical or factual assumption in Example 10 changes. Its conditional $3,000 insurance-proceeds result at four months remains subject to proof that:
- The destroyed item was exempt under §608 or §609;
- The $3,000 was indemnity for that item;
- The money remained traceable; and
- Fewer than six months had elapsed.
Its seven-month branch likewise remains unchanged.
IV. GROUP 3 — Secured-property procedure replacement
A. Replacement for PASS-23 core finding 22 and Section V.B
1. Prerequisite before taking secured property
Personal property subject to a security interest may be reached in execution, but before the officer takes the property, the officer must do one of the following:
- Pay or tender to the secured party the amount of the secured debt and interest; or
- Deposit that amount:With the county treasurer of the county where the financing statement is filed, if the filing is with a county clerk and recorder; orWith the other filing officer where another filing office is required by law, payable to the secured party’s order.
A generic reference to an “appropriate filing officer” is incomplete because the statute expressly directs county-filed instruments to the county treasurer. Montana Code Annotated
No seizure can be approved merely from the item’s gross value. Actual proof remains necessary for:
- The security agreement;
- Filing office;
- Secured party;
- Secured debt;
- Interest;
- Tender, payment, or deposit;
- Debtor’s equity; and
- The writ and levy.
2. Secured-party debt affidavit
For a security agreement of record, a judgment creditor may personally serve the secured party with 15 days’ written notice demanding an affidavit. The affidavit must be filed in the county-clerk-and-recorder office or other filing office where the financing statement is filed and must state:
- Original obligation;
- Additional advances;
- Payments on principal or interest; and
- Current unpaid balance.
If the secured party fails, refuses, or neglects to file within 15 days after personal service, the agreement becomes ineffective against that execution creditor upon seizure. The consequence is creditor-specific and seizure-specific; it does not declare the lien void against all persons or for all purposes. Montana Code Annotated
3. Surrender and delivery after payoff
If the execution creditor pays the amount due to the county treasurer, filing officer, or secured party in satisfaction of the security agreement:
- The secured party must surrender the security agreement and any secured note or other evidence of indebtedness to the county treasurer or filing officer; and
- The secured party, treasurer, or filing officer must deliver those materials to the execution creditor. Montana Code Annotated
4. Distribution after sale
When property taken under §25-13-505 is sold:
- The officer first repays the sum advanced to the secured party with interest from the date of that payment; and
- Any remaining balance is handled as ordinary execution proceeds. Montana Code Annotated
If the property sells for the amount of the secured indebtedness or more, the execution creditor must deliver to the debtor the security agreement and any note or other evidence of indebtedness obtained from the secured party. Montana Code Annotated
The statute does not by itself determine the complete ordering of:
- Debtor exemption;
- Every execution cost;
- Competing secured claims;
- Tax liens;
- Other judgment liens; or
- True surplus.
Those matters remain dependent on actual authority, amounts, and court orders.
B. Workflow-stage replacements
Insert before original stage 7
| Stage |
Actor |
Trigger/document |
Required act |
Consequence/gap |
| 6A. Secured-property prerequisite |
Officer, execution creditor, secured party |
Property appears subject to a recorded security agreement |
Before taking the item, pay or tender secured debt and interest, or make the §505 deposit; if §506 is used, personally serve the 15-day demand and obtain or address the statutory affidavit |
No taking is authorized until the applicable pre-seizure requirement is met; actual lien, filing office, payoff, interest, and tender remain held |
Replace original stage 7 qualification
7. Levy/seizure: The officer may take only the debtor’s nonexempt interest, and only after any residence-warrant requirement, third-party ownership issue, and applicable §25-13-505 secured-property prerequisite have been satisfied.
Replace original stage 17
| Stage |
Actor |
Trigger/document |
Required act |
Consequence/gap |
| 17. Secured-property proceeds and instruments |
Officer and execution creditor |
Secured item sold |
First repay the sum advanced to the secured party with interest from the payment date; handle any balance as ordinary execution proceeds; if sale price equals or exceeds the secured indebtedness, deliver the obtained security agreement/note/evidence to the debtor |
Full priority, exemptions, costs, and surplus remain dependent on actual law and records |
C. Replacement claims C039–C041
| Original claim |
Replacement |
| C039 |
Before taking personal property subject to a security interest, the levying officer must pay or tender the secured debt and interest, or deposit that amount with the county treasurer when the financing statement is county-filed, or with the other legally required filing officer. |
| C040 |
For a security agreement of record, the execution creditor may personally serve a 15-day written demand requiring the secured party to file an affidavit in the financing-statement office stating the original obligation, advances, payments, and unpaid balance. Failure makes the agreement ineffective against that creditor upon seizure, not universally void. |
| C041 |
Sale proceeds first reimburse the sum advanced to the secured party with interest from the payment date; any balance is treated as ordinary execution proceeds. If sale price equals or exceeds secured indebtedness, the execution creditor must deliver the obtained security agreement and secured note/evidence to the debtor. |
D. Exact qualification to Example 8
The original assumptions and checked arithmetic remain:
$15,000−$8,000−$4,000=$3,000$15,000-$8,000-$4,000=$3,000$15,000−$8,000−$4,000=$3,000and, if C=$1,200C=$1,200C=$1,200:
$3,000−$1,200=$1,800$3,000-$1,200=$1,800$3,000−$1,200=$1,800Those figures remain valid only if the assumed $8,000 already includes the secured debt, secured interest through the payoff date, and any §25-13-712 interest accruing on the advanced amount through distribution.
If the original $8,000 represents only the amount advanced on the payoff date, let:
Ia=interest on the advanced amount from payment date to distributionI_a=\text{interest on the advanced amount from payment date to distribution}Ia=interest on the advanced amount from payment date to distributionThen the bounded expression becomes:
Potential remainder=max(0,$15,000−$8,000−Ia−$4,000−C)\text{Potential remainder}
\max(0,$15,000-$8,000-I_a-$4,000-C)Potential remainder=max(0,$15,000−$8,000−Ia−$4,000−C)No value of IaI_aIa is invented. The original $3,000 and $1,800 outputs are preserved only under the explicit assumption that IaI_aIa is already included in $8,000 or is otherwise proved to be zero.
E. Corrected secured-procedure coverage
| Component |
Status after PASS-28 |
Claim links |
Missing proof |
| Pre-seizure payoff/tender/deposit |
Answered textually |
P28-C004 |
Security agreement, filing office, secured debt, interest, tender or deposit |
| County-treasurer branch |
Answered |
P28-C004 |
County filing and actual deposit |
| Secured-party affidavit demand |
Answered textually |
P28-C005 |
Agreement of record, personal service, service date, filed affidavit |
| Effect of no affidavit |
Answered narrowly |
P28-C005 |
Seizure by that creditor and actual filing status |
| Surrender/delivery after payoff |
Answered |
P28-C006 |
Actual security agreement/note and payoff |
| Sale reimbursement and interest |
Answered |
P28-C007 |
Payment date, distribution date, amount advanced, interest |
| Instrument delivery to debtor |
Answered conditionally |
P28-C008 |
Sale price and secured indebtedness |
| Complete general priority order |
Unresolved |
— |
Actual liens, exemptions, costs, timestamps, and court order |
V. GROUP 4 — Source, mapping, and provenance corrections
A. Full literal URL replacement for original P23 S001
Original source family: Core execution statutes, Montana Legislature.
Plain text
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0020/section_0010/0250-0130-0020-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0030/section_0010/0250-0130-0030-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0030/section_0040/0250-0130-0030-0040.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0010/0250-0130-0040-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0030/0250-0130-0040-0030.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0040/0250-0130-0040-0040.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0010/0250-0130-0050-0010.html
PASS-28 freshly reread §25-13-402 because it is material to the requested corrections. The other bodies retain their original PASS-23 access history and are not relabeled as new PASS-28 reads. The MCA 2025 Internet-code disclaimer remains applicable. Montana Code Annotated
B. Full literal URL replacement for original P23 S003
Original source family: Third-party and secured-property provisions.
Plain text
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0030/0250-0130-0050-0030.html
https://mca.legmt.gov/bills/mca/title_0270/chapter_0180/part_0060/section_0020/0270-0180-0060-0020.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0050/0250-0130-0050-0050.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0060/0250-0130-0050-0060.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0120/0250-0130-0070-0120.html
PASS-28 freshly read §§25-13-505, 506, and 712 completely. Sections 25-13-503 and 27-18-602 retain their original PASS-23 provenance and were not substantively rerun. Montana Code Annotated+2
C. Full literal URL replacement for original P23 S004
Original source family: Personal-property exemptions.
Plain text
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0010/0250-0130-0060-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0060/0250-0130-0060-0060.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0070/0250-0130-0060-0070.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0080/0250-0130-0060-0080.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0090/0250-0130-0060-0090.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0100/0250-0130-0060-0100.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0130/0250-0130-0060-0130.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0150/0250-0130-0060-0150.html
PASS-28 freshly read §§25-13-609, 610, and 613. The remaining sections retain original PASS-23 access attribution. Montana Code Annotated+2
D. Full literal URL replacement for original P23 S006
Original source family: Sale on execution.
Plain text
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0010/0250-0130-0070-0010.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0020/0250-0130-0070-0020.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0030/0250-0130-0070-0030.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0040/0250-0130-0070-0040.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0080/0250-0130-0070-0080.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0090/0250-0130-0070-0090.html
These literal URLs replace “through corresponding section URLs.” PASS-28 did not rerun the unchanged bodies. The separate §25-13-712 URL is recorded in the corrected P23 S003 family because it governs secured-property proceeds.
E. Full literal URL replacement for original P23 S007
Original source family: Limited-court execution.
Plain text
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
https://mca.legmt.gov/bills/mca/title_0030/chapter_0060/part_0010/section_0030/0030-0060-0010-0030.html
https://mca.legmt.gov/bills/mca/title_0030/chapter_0060/part_0010/section_0040/0030-0060-0010-0040.html
https://mca.legmt.gov/bills/mca/title_0250/chapter_0300/part_0010/section_0010/0250-0300-0010-0010.html
PASS-28 freshly read all five. Rule 23’s correct chapter is 0230, not 0250. The municipal statutes establish general jurisdiction and procedural relationships but do not resolve the previously held municipal-specific personal-property execution form and implementation questions. Montana Code Annotated+4
F. Full literal URL replacement for original P23 S011
Original source family: Montana Judicial Branch forms and guidance.
Plain text
https://courts.mt.gov/forms/judgement
https://courts.mt.gov/forms/civilforms
https://courts.mt.gov/external/library/forms/civil/city_jp/writ_exe.doc
https://courts.mt.gov/external/library/forms/civil/city_jp/praecipe.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/district/writ_exec_transc_jud.doc
https://courts.mt.gov/courts/lcourt/benchbook/SmallClaims
The two principal landing pages and Small Claims benchbook page were freshly read. The six Word bodies returned unsupported application/msword responses; their contents and revision dates remain unread. The Small Claims benchbook states that its forms and scripts are guidelines for judges, not controlling statewide substantive law. Montana Courts+2
VI. Case-source corrections
A. Dorwart and Buxbaum
Dorwart v. Caraway, 1998 MT 191 remains historical authority that:
- Statutory execution exemptions are protected property interests;
- Former Montana procedure inadequately notified debtors of exemptions and the process for claiming them; and
- A writ by itself did not authorize warrantless entry into a private residence on the facts before the Court.
The historical passages include ¶¶74–76 and ¶¶93–103. Current §§25-13-211 through 213 postdate the challenged regime and govern present notice, hearing, and residence-warrant procedure. Justia Law+2
Trustees of Indiana University v. Buxbaum, 2003 MT 97, ¶46, overruled Dorwart only to the extent it was inconsistent with the discretionary attorney-fee authority in MCA §27-8-313. It did not overrule Dorwart’s residence-entry, exemption-property-interest, or procedural-due-process holdings. No complete citator representation is made. Justia Law
Replacement source annotation
P23 S012 — currentness qualification: Dorwart is retained only as historical constitutional background. Current §§25-13-211, 212, and 213 control modern statutory procedure. Buxbaum’s narrow later treatment concerns the Uniform Declaratory Judgments Act attorney-fee proposition, not the execution-related holdings.
B. In re Holzapfel
In re Holzapfel, 2011 MT 257 was an original proceeding on a certified question from the U.S. Bankruptcy Court. The PDF includes a nonprecedential synopsis at PDF index 0. The majority opinion’s material classification analysis is at ¶¶4–7, printed pp.3–4 / zero-based PDF indices 3–4. The dissent begins at ¶8 and is not the Court’s holding. Justia Law
Narrow replacement for P23 C036
Holzapfel establishes that the ATV at issue was a “motor vehicle” and not a “sporting good” under the specific statutes and definitions before the Court. It supports applying the specific motor-vehicle category to that ATV. It does not establish a universal rule that every item potentially described by two exemption statutes can never receive overlapping or additional protection. The statutory text must be examined item by item; §25-13-613’s expressly additional selected-gun exemption remains a distinct example.
The original ATV examples remain unchanged.
C. In re Maynard
In re Maynard, 2006 MT 162 was also a bankruptcy-certified question. The majority’s material analysis appears at ¶¶6–14, printed pp.4–6 / PDF indices 3–5. It held that the statutory text allows one gun selected by a debtor in addition to the §25-13-609(1) exemptions and that a statutory heading cannot override the enacted text. Justia Law
The case does not establish that marriage automatically creates two selected-gun exemptions in every execution. Actual judgment-debtor identity, ownership, selection, residency, and the number of debtors whose property is under execution remain necessary.
D. Estate of Sandvig
Estate of Sandvig, 1991, arose from an estate-related execution and affirmed denial of a belated motor-vehicle exemption claim. The Court treated the exemption as requiring affirmative action and emphasized that the one-vehicle exemption required an actual selection when the debtors had more than one possible vehicle. The material historical discussion appears at printed pp.2, 4–5 / PDF indices 1, 3–4. Justia Law+1
Its dollar figures and pre-1999 procedure are historical. Current §25-13-212 now supplies an express written claim, documentation, deadline, and hearing procedure and controls modern process. Montana Code Annotated
E. Salminen
Salminen v. Morrison & Frampton, PLLP, 2014 MT 323 is a filed Montana Supreme Court opinion dated December 2, 2014. The case involved a warrant-assisted seizure of private-residence property and appellate review of a Rule 12 dismissal and judgment on the pleadings. The Court reversed in part, affirmed in part, and remanded. It held that adequately pleaded conversion, abuse-of-process, and wrongful-levy theories should not have been dismissed at that stage; it separately affirmed dismissal of the freestanding constitutional claim. Justia Law+1
The case does not establish:
- Automatic liability;
- Automatic damages;
- Liability for every procedural deviation;
- A generic bank-garnishment merits rule; or
- That a residence warrant is invalid merely because it issued ex parte.
The filed caption controls over legacy PDF metadata describing the document as “PROPOSED.”
VII. HB 555 amount and effective-date source correction
The official 2021 Session Laws, Chapter 539, printed page 2209, zero-based PDF index 238, amend §25-13-609 to:
- $7,000 aggregate household-category protection;
- $1,250 per item;
- $4,000 in one motor vehicle; and
- $4,500 aggregate tools/professional property.
The act was approved and made immediately effective on May 14, 2021. The page contains no indexing provision. Legislative Archive of Montana+1
This is a fresh PASS-28 PDF-page inspection. It replaces reliance on an uninspectable prior screenshot reference while preserving the original PASS-23 amount conclusions.
VIII. Qualified-negative replacements
Replacement for P23 C037
Within the specific Montana provisions actually reviewed—MCA §§25-13-601, 606 through 610, 613, and 615—no general cash “wildcard” or ordinary in-lieu-of-homestead personal-property election was located. This is not a certification of every provision in Part 6 or every specialized exemption. Bankruptcy, federal law, secured transactions, insurance, retirement, local law, contracts, and sector-specific statutes remain outside that negative finding.
Replacement for P23 C050
Within the ordinary personal-property sale provisions actually reviewed—MCA §§25-13-701 through 704, 708, 709, and the secured-property provision in §712—no general post-sale redemption right for ordinary personal property was located. This does not address contractual cure or repurchase rights, Article 9 secured repossession, bankruptcy, specialized property, or Montana’s separate real-property execution-redemption statutes.
Corrected coverage labels
| Component |
Corrected status |
| Ordinary personal-property wildcard |
Not found in the specifically reviewed §§601, 606–610, 613, and 615; broader and specialized rights held |
| Ordinary personal-property post-sale redemption |
Not found in the specifically reviewed §§701–704, 708–709, and 712; contract, secured, bankruptcy, and real-property rights excluded |
IX. PASS-28 source register
Fresh PASS-28 access date unless otherwise specified: October 26, 2026, Pacific / October 26, 2026, UTC. Exact individual fetch timestamps were not exposed.
| Source ID |
Authority, full literal URL, and pinpoint |
Access classification and material bounds |
| S_MT-P28-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; subsection (1)(b) |
Fresh own read. Current MCA 2025 HTML; complete section. HTML has no printed-page/PDF-index locator. Montana Code Annotated |
| S_MT-P28-S002 |
MCA §25-13-212. https://mca.legmt.gov/bills/MCA/title_0250/chapter_0130/part_0020/section_0120/0250-0130-0020-0120.html |
Fresh own read. Complete claim, copy, deadline, late-bar, and hearing clauses. Montana Code Annotated |
| S_MT-P28-S003 |
MCA §25-13-610. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0060/section_0100/0250-0130-0060-0100.html; subsections (1)–(3) |
Fresh own read. Current MCA 2025 HTML; complete section. Montana Code Annotated |
| S_MT-P28-S004 |
MCA §25-13-505. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0050/0250-0130-0050-0050.html |
Fresh own read. Complete section; debt-and-interest and deposit alternatives. Montana Code Annotated |
| S_MT-P28-S005 |
MCA §25-13-506. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0060/0250-0130-0050-0060.html; subsections (1)–(2) |
Fresh own read. Complete personal-service, affidavit, creditor-specific consequence, surrender, and delivery clauses. Montana Code Annotated |
| S_MT-P28-S006 |
MCA §25-13-712. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0120/0250-0130-0070-0120.html; subsections (1)–(2) |
Fresh own read. Complete proceeds, interest, ordinary-balance, and debtor-instrument-delivery clauses. Montana Code Annotated |
| S_MT-P28-S007 |
MCA §25-13-402. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html |
Fresh own read. Complete material execution and excess-proceeds clauses; P23’s existing judgment-or-order exception remains correct. Montana Code Annotated |
| S_MT-P28-S008 |
HB 555 / Chapter 539, 2021 Montana Session Laws. https://archive.legmt.gov/content/Publications/sales/2021SessionLaws_V3_ERRATA-VERSION.pdf?inline=1; printed p.2209/PDF index 238 |
Fresh own PDF read and screenshot. Four amended amounts and immediate May 14, 2021 effectiveness. Legislative Archive of Montana+1 |
| S_MT-P28-S009 |
Dorwart v. Caraway, 1998 MT 191. https://law.justia.com/cases/montana/supreme-court/1998/3d8b9983-6bae-41cf-9de6-2350cbf0cd89.html; PDF https://cases.justia.com/montana/supreme-court/1998-08-04-3D8B9983-6BAE-41CF-9DE6-2350CBF0CD89.pdf?ts=1462388683; ¶¶74–76, 93–103 |
Fresh HTML paragraph read. PDF locator bounds retained from coordinator-reported and prior source work: ¶¶74–76 around printed p.25/PDF 24; ¶¶93–103 around printed pp.31–34/PDF 30–33. Current statutes postdate case. Justia Law+1 |
| S_MT-P28-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; ¶46 |
Fresh own HTML read. Printed page 23 appears in the reproduced text; zero-based PDF index was not independently authenticated. Narrow UDJA attorney-fee later treatment only. Justia Law |
| S_MT-P28-S011 |
In re Holzapfel, 2011 MT 257. HTML https://law.justia.com/cases/montana/supreme-court/2011/op-11-0203.html; PDF https://cases.justia.com/montana/supreme-court/op-11-0203.pdf?ts=1462390518; majority ¶¶4–7, printed pp.3–4/PDF 3–4 |
Fresh own HTML and full PDF read. PDF index 0 is a nonprecedential synopsis; dissent begins at ¶8. Justia Law |
| S_MT-P28-S012 |
In re Maynard, 2006 MT 162. HTML https://law.justia.com/cases/montana/supreme-court/2006/dd0f20c1-d333-4441-baad-391397697361.html; PDF https://cases.justia.com/montana/supreme-court/2006-07-18-DD0F20C1-D333-4441-BAAD-391397697361.pdf?ts=1462389514; ¶¶6–14, printed pp.4–6/PDF 3–5 |
Fresh own HTML and PDF read. Bankruptcy-certified question; separate one-gun holding. Justia Law |
| S_MT-P28-S013 |
Estate of Sandvig, 1991. HTML https://law.justia.com/cases/montana/supreme-court/1991/074235f6-85d0-4899-b6b7-4f1eb8189320.html; PDF https://cases.justia.com/montana/supreme-court/1991-09-24-074235F6-85D0-4899-B6B7-4F1EB8189320.pdf?ts=1462387763; printed pp.2, 4–5/PDF 1, 3–4 |
Fresh own HTML and full six-page PDF read. Historical amounts and procedure. Justia Law+1 |
| S_MT-P28-S014 |
Salminen v. Morrison & Frampton, PLLP, 2014 MT 323. HTML https://law.justia.com/cases/montana/supreme-court/2014/da-14-0179.html; PDF https://cases.justia.com/montana/supreme-court/2014-da-14-0179.pdf?ts=1417564946; ¶¶23–36, printed pp.10–17/PDF 9–16 |
Fresh own HTML and PDF-text read. Filed December 2, 2014; pleading-stage appeal; partial reversal/affirmance/remand. Justia Law+1 |
| S_MT-P28-S015 |
Original P23-S001 URL family, listed in Section V.A |
Mixed locator-repair row. §402 freshly reread; other sections retain original P23 access and were not rerun. Not a separate independent authority count. |
| S_MT-P28-S016 |
Original P23-S003 URL family, listed in Section V.B |
Mixed. §§505, 506, 712 fresh; §§503 and 27-18-602 retain original access. Not independent duplicate authority. |
| S_MT-P28-S017 |
Original P23-S004 URL family, listed in Section V.C |
Mixed. §§609, 610, 613 fresh; remaining bodies retain original access. |
| S_MT-P28-S018 |
Original P23-S006 URL family, listed in Section V.D |
Locator repair only. Unchanged sale bodies not rerun. |
| S_MT-P28-S019 |
Original P23-S007 URL family, listed in Section V.E |
Fresh own reads of all five URLs. Municipal implementation remains partial. Montana Code Annotated+4 |
| S_MT-P28-S020 |
Original P23-S011 URL family, listed in Section V.F |
Landing pages fresh; six Word bodies failed/not read; Small Claims guidance fresh. No substantive content inferred from unsupported files. Montana Courts+2 |
X. PASS-28 claim register
| Claim ID |
Affected PASS-23 claim/location |
Precise bounded correction |
Source and confidence |
| S_MT-P28-C001 |
VI.A; notice coverage |
Required notice content includes case name, date of judgment, and creditor name. Seizure date is optional additional information. |
P28-S001, §25-13-211(1)(b). High. |
| S_MT-P28-C002 |
Core 30; C042 |
Sale of qualifying exempt property independently triggers the six-month traceable-proceeds branch; indemnification is not an additional sale predicate. |
P28-S003, §25-13-610(1). High. |
| S_MT-P28-C003 |
Core 30; C042 |
Loss, damage, or destruction triggers the other six-month branch only when the debtor was indemnified. |
P28-S003. High. |
| S_MT-P28-C004 |
C039; core 22; workflow |
Before taking secured property, officer must pay/tender secured debt and interest or make the exact statutory deposit with county treasurer or other filing officer. |
P28-S004. High. |
| S_MT-P28-C005 |
C040 |
For an agreement of record, creditor’s personally served 15-day written demand requires the exact debt affidavit; noncompliance makes the agreement ineffective against that creditor upon seizure. |
P28-S005, §506(1). High. |
| S_MT-P28-C006 |
V.B/workflow |
After execution-creditor payoff, secured party must surrender the agreement and note/evidence, which must be delivered to the execution creditor. |
P28-S005, §506(2). High. |
| S_MT-P28-C007 |
C041; workflow stage 17 |
Sale proceeds first reimburse the advanced sum with interest from payment date; balance is treated as ordinary execution proceeds. |
P28-S006, §712(1). High. |
| S_MT-P28-C008 |
Workflow stage 17; coverage |
If sale price equals or exceeds secured indebtedness, execution creditor must deliver obtained agreement/note/evidence to debtor. |
P28-S006, §712(2). High. |
| S_MT-P28-C009 |
Example 8 |
Original $3,000/$1,800 arithmetic is conditional on §712 interest being included in the $8,000 assumption or separately proved zero; otherwise subtract an unknown IaI_aIa. |
P28-S006. High mathematical qualification. |
| S_MT-P28-C010 |
S012/case table |
Dorwart remains historical authority for exemption-property interests, notice, hearing, and residence-entry limits; current §§211–213 now govern procedure. |
P28-S009. High and historical. |
| S_MT-P28-C011 |
S012 later treatment |
Buxbaum overruled only Dorwart’s inconsistent UDJA attorney-fee proposition. |
P28-S010, ¶46. High, bounded. |
| S_MT-P28-C012 |
C036; ATV examples |
Holzapfel holds that the ATV before it was a motor vehicle rather than sporting goods; it does not create a universal anti-overlap rule. |
P28-S011, ¶¶4–7. High, item-specific. |
| S_MT-P28-C013 |
Selected-gun discussion |
Maynard supports one additional selected-gun exemption for a debtor; marriage alone does not automatically establish doubled protection. |
P28-S012, ¶¶6–14. High holding; doubling conclusion remains fact-specific. |
| S_MT-P28-C014 |
Historical affirmative-election discussion |
Sandvig supports affirmative selection of the one-vehicle exemption under the historical regime; current §212 supplies the modern claim procedure. |
P28-S013 plus P28-S002. High with currentness qualification. |
| S_MT-P28-C015 |
Salminen source/case table |
Salminen was a filed private-residence warrant case at pleading stage; it does not establish automatic liability or damages. |
P28-S014, ¶¶23–36. High. |
| S_MT-P28-C016 |
C037 |
No general wildcard/in-lieu election was located in the specifically reviewed §§601, 606–610, 613, and 615; broader and specialized rights remain held. |
Original statutory family/P28-S017. Qualified negative. |
| S_MT-P28-C017 |
C050 |
No general personal-property post-sale redemption right was located in the specifically reviewed §§701–704, 708–709, and 712; special and contractual rights remain held. |
P28-S006/P28-S018. Qualified negative. |
| S_MT-P28-C018 |
Exemption amount/currentness |
HB 555 established $7,000, $1,250, $4,000, and $4,500, immediately effective May 14, 2021, with no indexing clause in the act. |
P28-S008, printed p.2209/PDF 238. High. |
XI. Coverage and residual-gap table
| Requested PASS-28 subissue |
Status |
Claims |
Exact missing proof or next action |
| Judgment date in officer notice |
Corrected |
C001 |
Actual notice and judgment |
| Seizure date as optional operational item |
Qualified |
C001 |
Local form, if any |
| Five-day notice period |
Preserved |
P23-C016 |
Actual seizure date |
| Personal/mail ten-day trigger |
Preserved |
P23-C017–C018 |
Actual receipt or mailing |
| Same-day copies/hearing/late claim |
Preserved |
P23-C019–C022 |
Actual filing and court receipt |
| Sold-property proceeds branch |
Corrected |
C002 |
Exempt source, sale, receipt, tracing, six-month period |
| Lost/damaged/destroyed branch |
Corrected |
C003 |
Event, indemnification, tracing |
| Indemnification required for every sale |
Rejected |
C002–C003 |
None |
| Six-month universal deposit exemption |
Rejected/preserved |
C002–C003 |
Another specific exemption required |
| FIFO/LIFO/other reasonable tracing |
Preserved |
P23-C043 |
Actual ledger and chosen method |
| Example 10 |
Preserved |
C002–C003 |
Actual event, date, indemnity, trace |
| §505 debt-and-interest prerequisite |
Answered |
C004 |
Security agreement, payoff and interest |
| County-treasurer deposit branch |
Answered |
C004 |
Filing county and actual deposit |
| Other filing-officer branch |
Answered |
C004 |
Governing filing law and office |
| §506 agreement-of-record predicate |
Answered |
C005 |
Actual filing record |
| Personal service of demand |
Answered |
C005 |
Service return and date |
| Affidavit contents |
Answered |
C005 |
Actual affidavit |
| Consequence of no affidavit |
Answered narrowly |
C005 |
Seizure by that creditor |
| §506 surrender/delivery chain |
Answered |
C006 |
Paid amount and actual instruments |
| §712 repayment plus interest |
Answered |
C007 |
Payment and distribution dates |
| §712 debtor delivery step |
Answered conditionally |
C008 |
Sale price and secured debt |
| Complete general priority |
Unresolved |
— |
Actual liens, exemptions, costs and court order |
| Example 8 interest term |
Qualified |
C009 |
Whether interest is included; value of IaI_aIa |
| Full original-source URLs |
Corrected |
P28-S015–S020 |
None for locators |
| Word-form bodies/revisions |
Still unread |
P28-S020 |
Machine-readable or official current copies |
| Municipal execution implementation |
Still unresolved |
P28-S019 |
Court-specific rule/form |
| Dorwart currentness |
Qualified |
C010–C011 |
No complete citator audit |
| Holzapfel scope |
Narrowed |
C012 |
Other property/statutory combinations require separate analysis |
| Maynard scope |
Narrowed |
C013 |
Actual debtors, ownership and selection |
| Sandvig historical procedure |
Qualified |
C014 |
Current §212 facts |
| Salminen posture |
Corrected |
C015 |
Merits and damages require actual later proceedings |
| HB 555 source and effective date |
Freshly verified |
C018 |
None |
| Wildcard negative |
Qualified to reviewed provisions |
C016 |
Bankruptcy, federal, local, special-sector or contractual law |
| Redemption negative |
Qualified to reviewed provisions |
C017 |
Secured repossession, contract, bankruptcy and real-property law |
| All 11 original examples |
Preserved |
C009 only adds E8 qualifier |
No recomputation |
| All 30 checked quantities |
Preserved |
— |
None |
| Actual asset/title/lien/contract/case |
Unresolved |
Original P23 holds |
Private records remain outside scope |
| Local/tribal/country/sector law |
Excluded unchanged |
— |
Separate research |
XII. Self-check
Freshly read in PASS-28
- MCA §§25-13-211, 212, 402, 505, 506, 609, 610, 613, and 712;
- Justice/City Rule 23, Small Claims §25-35-807, MCA §§3-6-103, 3-6-104, and 25-30-101;
- The official Montana Judicial Branch forms and judgment landing pages;
- The official HB 555 session-law page;
- Dorwart, Buxbaum, Holzapfel, Maynard, Sandvig, and Salminen in the bounded portions identified above.
Locator restoration without substantive reread
The unchanged bodies in the original P23 S001, S003, S004, S006, and S011 source families retain their original PASS-23 access history. Restoring their full literal URLs does not reclassify them as new PASS-28 reads.
Failed or unread
- The six official Word-form bodies and their internal revision dates;
- Any actual security agreement, financing statement, payoff, affidavit, title, value, levy, sale, court order, or debtor instrument;
- A complete case citator or all-history audit;
- Municipal-specific personal-property execution implementation;
- A comprehensive search of every federal, bankruptcy, local, contractual, or special-sector wildcard or redemption right.
Preserved unchanged
- All 11 PASS-23 worked examples except the stated Example 8 interest qualification;
- All 30 checked numeric quantities;
- The original actual-record, ownership, valuation, priority, burden, municipal, local, tribal, country, sector, contract, title, source-history, and private-case holds;
- No adoption or acceptance of PASS-21, PASS-22, PASS-24, PASS-27, or prepared PASS-25.
No filing, levy, seizure, asset movement, exemption election, form submission, title search, contact, records request, provider lookup, local write, independent-review conclusion, whole-component acceptance, Montana acceptance, parent-dossier acceptance, A066 acceptance, operational approval, or publication-readiness determination occurred.
END S_MT PASS-28.