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S_MT · pass-28Captured 2026-10-2612 tables · 18 claim records · 20 source recordsScoped coordinator review completed

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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:

  1. Describes the property or money seized to satisfy the judgment;
  2. States the case name, date of judgment, and judgment creditor’s name;
  3. Advises that exemptions may be available under Montana or federal law; and
  4. 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:

  1. Pay or tender to the secured party the amount of the secured debt and interest; or
  2. 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:

  1. 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
  2. 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:

  1. The officer first repays the sum advanced to the secured party with interest from the date of that payment; and
  2. 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.

Every captured table

Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

Captured table 01

Group / subissue · Affected PASS-23 location · Correction or qualification · 17 data rows

Group / subissueAffected PASS-23 locationCorrection or qualificationEffect
1. Required notice contentVI.A debtor-notice list; notice claims and coverageReplace “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 proceedsCore finding 30; IV.A proceeds row; C042; coverageA 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 proceedsSame locationsLoss, 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 10Example 10Preserve 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 prerequisiteCore finding 22; V.B; workflow before stage 7; C039State 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 affidavitV.B; C040; coverageAdd 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 chainV.B; workflowAdd §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 interestWorkflow stage 17; C041; Example 8Add 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 debtorWorkflow stage 17; coverageAdd §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 URLsOriginal P23 S001, S003, S004, S006, S007, S011Restore 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 treatmentP23 S012 and case tableAdd 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 scopeC036, case source, overlap coverage, ATV examplesLimit the case to its bankruptcy-certified ATV classification holding.No universal anti-overlap rule is created.
4(d). Maynard scopeSelected-gun discussion and case sourcePreserve 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 currentnessHistorical affirmative-selection discussionPreserve 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 postureCase table/source annotationIdentify 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 provenanceExemption amount source/currentnessFreshly 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 findingsC037, C050, related coverageLimit 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.

Captured table 02

Original PASS-23 claim · Disposition · 4 data rows

Original PASS-23 claimDisposition
C016 — notice due within five daysRetained unchanged.
C017 — mailed notice complete upon mailingRetained unchanged.
C018–C022 — claim content, deadline, copies, hearing, late claimRetained unchanged.
New P28 corrective claimAdds the missing statutory content: case name, date of judgment, and creditor name.

Captured table 03

Component · Status · Claim links · 1 data rows

ComponentStatusClaim linksRemaining evidence
Debtor notice timing, content, and serviceAnswered with corrected contentP23-C016–C022; P28-C001Actual notice, judgment date, service or mailing record, and property description

Captured table 04

Conversion event · Additional predicate · Duration · 3 data rows

Conversion eventAdditional predicateDurationTracing
Qualifying exempt property soldIdentifiable sale proceeds from property exempt under §608 or §6096 monthsFIFO, LIFO, or another reasonable method selected by debtor
Qualifying exempt property lost, damaged, or destroyedDebtor was indemnified and the indemnity proceeds remain identifiable6 monthsSame tracing alternatives
Exempt earnings depositedEarnings were exempt under §614 and remain traceable45 days after receiptSame tracing alternatives

Captured table 05

Stage · Actor · Trigger/document · 1 data rows

StageActorTrigger/documentRequired actConsequence/gap
6A. Secured-property prerequisiteOfficer, execution creditor, secured partyProperty appears subject to a recorded security agreementBefore 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 affidavitNo taking is authorized until the applicable pre-seizure requirement is met; actual lien, filing office, payoff, interest, and tender remain held

Captured table 06

Stage · Actor · Trigger/document · 1 data rows

StageActorTrigger/documentRequired actConsequence/gap
17. Secured-property proceeds and instrumentsOfficer and execution creditorSecured item soldFirst 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 debtorFull priority, exemptions, costs, and surplus remain dependent on actual law and records

Captured table 07

Original claim · Replacement · 3 data rows

Original claimReplacement
C039Before 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.
C040For 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.
C041Sale 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.

Captured table 08

Component · Status after PASS-28 · Claim links · 8 data rows

ComponentStatus after PASS-28Claim linksMissing proof
Pre-seizure payoff/tender/depositAnswered textuallyP28-C004Security agreement, filing office, secured debt, interest, tender or deposit
County-treasurer branchAnsweredP28-C004County filing and actual deposit
Secured-party affidavit demandAnswered textuallyP28-C005Agreement of record, personal service, service date, filed affidavit
Effect of no affidavitAnswered narrowlyP28-C005Seizure by that creditor and actual filing status
Surrender/delivery after payoffAnsweredP28-C006Actual security agreement/note and payoff
Sale reimbursement and interestAnsweredP28-C007Payment date, distribution date, amount advanced, interest
Instrument delivery to debtorAnswered conditionallyP28-C008Sale price and secured indebtedness
Complete general priority orderUnresolved—Actual liens, exemptions, costs, timestamps, and court order

Captured table 09

Component · Corrected status · 2 data rows

ComponentCorrected status
Ordinary personal-property wildcardNot found in the specifically reviewed §§601, 606–610, 613, and 615; broader and specialized rights held
Ordinary personal-property post-sale redemptionNot found in the specifically reviewed §§701–704, 708–709, and 712; contract, secured, bankruptcy, and real-property rights excluded

Captured table 10

Source ID · Authority, full literal URL, and pinpoint · Access classification and material bounds · 20 data rows

Source IDAuthority, full literal URL, and pinpointAccess classification and material bounds
S_MT-P28-S001MCA §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-S002MCA §25-13-212. https://mca.legmt.gov/bills/MCA/title_0250/chapter_0130/part_0020/section_0120/0250-0130-0020-0120.htmlFresh own read. Complete claim, copy, deadline, late-bar, and hearing clauses. Montana Code Annotated
S_MT-P28-S003MCA §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-S004MCA §25-13-505. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0050/0250-0130-0050-0050.htmlFresh own read. Complete section; debt-and-interest and deposit alternatives. Montana Code Annotated
S_MT-P28-S005MCA §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-S006MCA §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-S007MCA §25-13-402. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.htmlFresh own read. Complete material execution and excess-proceeds clauses; P23’s existing judgment-or-order exception remains correct. Montana Code Annotated
S_MT-P28-S008HB 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 238Fresh own PDF read and screenshot. Four amended amounts and immediate May 14, 2021 effectiveness. Legislative Archive of Montana +1
S_MT-P28-S009Dorwart 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, 93–103Fresh 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-S010Trustees of Indiana University v. Buxbaum, 2003 MT 97. https://law.justia.com/cases/montana/supreme-court/2003/eff955bb-6f26-4929-9f2d-b920b9e3977c.html; ¶46Fresh 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-S011In 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 3–4Fresh own HTML and full PDF read. PDF index 0 is a nonprecedential synopsis; dissent begins at ¶8. Justia Law
S_MT-P28-S012In 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 3–5Fresh own HTML and PDF read. Bankruptcy-certified question; separate one-gun holding. Justia Law
S_MT-P28-S013Estate 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, 3–4Fresh own HTML and full six-page PDF read. Historical amounts and procedure. Justia Law +1
S_MT-P28-S014Salminen 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 9–16Fresh own HTML and PDF-text read. Filed December 2, 2014; pleading-stage appeal; partial reversal/affirmance/remand. Justia Law +1
S_MT-P28-S015Original P23-S001 URL family, listed in Section V.AMixed 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-S016Original P23-S003 URL family, listed in Section V.BMixed. §§505, 506, 712 fresh; §§503 and 27-18-602 retain original access. Not independent duplicate authority.
S_MT-P28-S017Original P23-S004 URL family, listed in Section V.CMixed. §§609, 610, 613 fresh; remaining bodies retain original access.
S_MT-P28-S018Original P23-S006 URL family, listed in Section V.DLocator repair only. Unchanged sale bodies not rerun.
S_MT-P28-S019Original P23-S007 URL family, listed in Section V.EFresh own reads of all five URLs. Municipal implementation remains partial. Montana Code Annotated +4
S_MT-P28-S020Original P23-S011 URL family, listed in Section V.FLanding pages fresh; six Word bodies failed/not read; Small Claims guidance fresh. No substantive content inferred from unsupported files. Montana Courts +2
Source links captured in this table

Captured table 11

Claim ID · Affected PASS-23 claim/location · Precise bounded correction · 18 data rows

Claim IDAffected PASS-23 claim/locationPrecise bounded correctionSource and confidence
S_MT-P28-C001VI.A; notice coverageRequired 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-C002Core 30; C042Sale 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-C003Core 30; C042Loss, damage, or destruction triggers the other six-month branch only when the debtor was indemnified.P28-S003. High.
S_MT-P28-C004C039; core 22; workflowBefore 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-C005C040For 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-C006V.B/workflowAfter 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-C007C041; workflow stage 17Sale 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-C008Workflow stage 17; coverageIf 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-C009Example 8Original $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 𝐼 𝑎 I a ​ .P28-S006. High mathematical qualification.
S_MT-P28-C010S012/case tableDorwart 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-C011S012 later treatmentBuxbaum overruled only Dorwart’s inconsistent UDJA attorney-fee proposition.P28-S010, ¶46. High, bounded.
S_MT-P28-C012C036; ATV examplesHolzapfel 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-C013Selected-gun discussionMaynard 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-C014Historical affirmative-election discussionSandvig 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-C015Salminen source/case tableSalminen 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-C016C037No 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-C017C050No 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-C018Exemption amount/currentnessHB 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.

Captured table 12

Requested PASS-28 subissue · Status · Claims · 38 data rows

Requested PASS-28 subissueStatusClaimsExact missing proof or next action
Judgment date in officer noticeCorrectedC001Actual notice and judgment
Seizure date as optional operational itemQualifiedC001Local form, if any
Five-day notice periodPreservedP23-C016Actual seizure date
Personal/mail ten-day triggerPreservedP23-C017–C018Actual receipt or mailing
Same-day copies/hearing/late claimPreservedP23-C019–C022Actual filing and court receipt
Sold-property proceeds branchCorrectedC002Exempt source, sale, receipt, tracing, six-month period
Lost/damaged/destroyed branchCorrectedC003Event, indemnification, tracing
Indemnification required for every saleRejectedC002–C003None
Six-month universal deposit exemptionRejected/preservedC002–C003Another specific exemption required
FIFO/LIFO/other reasonable tracingPreservedP23-C043Actual ledger and chosen method
Example 10PreservedC002–C003Actual event, date, indemnity, trace
§505 debt-and-interest prerequisiteAnsweredC004Security agreement, payoff and interest
County-treasurer deposit branchAnsweredC004Filing county and actual deposit
Other filing-officer branchAnsweredC004Governing filing law and office
§506 agreement-of-record predicateAnsweredC005Actual filing record
Personal service of demandAnsweredC005Service return and date
Affidavit contentsAnsweredC005Actual affidavit
Consequence of no affidavitAnswered narrowlyC005Seizure by that creditor
§506 surrender/delivery chainAnsweredC006Paid amount and actual instruments
§712 repayment plus interestAnsweredC007Payment and distribution dates
§712 debtor delivery stepAnswered conditionallyC008Sale price and secured debt
Complete general priorityUnresolved—Actual liens, exemptions, costs and court order
Example 8 interest termQualifiedC009Whether interest is included; value of 𝐼 𝑎 I a ​
Full original-source URLsCorrectedP28-S015–S020None for locators
Word-form bodies/revisionsStill unreadP28-S020Machine-readable or official current copies
Municipal execution implementationStill unresolvedP28-S019Court-specific rule/form
Dorwart currentnessQualifiedC010–C011No complete citator audit
Holzapfel scopeNarrowedC012Other property/statutory combinations require separate analysis
Maynard scopeNarrowedC013Actual debtors, ownership and selection
Sandvig historical procedureQualifiedC014Current §212 facts
Salminen postureCorrectedC015Merits and damages require actual later proceedings
HB 555 source and effective dateFreshly verifiedC018None
Wildcard negativeQualified to reviewed provisionsC016Bankruptcy, federal, local, special-sector or contractual law
Redemption negativeQualified to reviewed provisionsC017Secured repossession, contract, bankruptcy and real-property law
All 11 original examplesPreservedC009 only adds E8 qualifierNo recomputation
All 30 checked quantitiesPreserved—None
Actual asset/title/lien/contract/caseUnresolvedOriginal P23 holdsPrivate records remain outside scope
Local/tribal/country/sector lawExcluded unchanged—Separate research

Find the assertion and its boundaries

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

S_MT-P28-C001 Saved research record

Required notice content includes case name, date of judgment, and creditor name. Seizure date is optional additional information.

Recorded check status: not yet checked

Affected PASS-23 claim/location
VI.A; notice coverage
Source and confidence
P28-S001, §25-13-211(1)(b). High.
S_MT-P28-C002 Saved research record

Sale of qualifying exempt property independently triggers the six-month traceable-proceeds branch; indemnification is not an additional sale predicate.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Core 30; C042
Source and confidence
P28-S003, §25-13-610(1). High.
S_MT-P28-C003 Saved research record

Loss, damage, or destruction triggers the other six-month branch only when the debtor was indemnified.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Core 30; C042
Source and confidence
P28-S003. High.
S_MT-P28-C004 Saved research record

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.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C039; core 22; workflow
Source and confidence
P28-S004. High.
S_MT-P28-C005 Saved research record

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.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C040
Source and confidence
P28-S005, §506(1). High.
S_MT-P28-C006 Saved research record

After execution-creditor payoff, secured party must surrender the agreement and note/evidence, which must be delivered to the execution creditor.

Recorded check status: not yet checked

Affected PASS-23 claim/location
V.B/workflow
Source and confidence
P28-S005, §506(2). High.
S_MT-P28-C007 Saved research record

Sale proceeds first reimburse the advanced sum with interest from payment date; balance is treated as ordinary execution proceeds.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C041; workflow stage 17
Source and confidence
P28-S006, §712(1). High.
S_MT-P28-C008 Saved research record

If sale price equals or exceeds secured indebtedness, execution creditor must deliver obtained agreement/note/evidence to debtor.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Workflow stage 17; coverage
Source and confidence
P28-S006, §712(2). High.
S_MT-P28-C009 Saved research record

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 𝐼 𝑎 I a ​ .

Recorded check status: not yet checked

Affected PASS-23 claim/location
Example 8
Source and confidence
P28-S006. High mathematical qualification.
S_MT-P28-C010 Saved research record

Dorwart remains historical authority for exemption-property interests, notice, hearing, and residence-entry limits; current §§211–213 now govern procedure.

Recorded check status: not yet checked

Affected PASS-23 claim/location
S012/case table
Source and confidence
P28-S009. High and historical.
S_MT-P28-C011 Saved research record

Buxbaum overruled only Dorwart’s inconsistent UDJA attorney-fee proposition.

Recorded check status: not yet checked

Affected PASS-23 claim/location
S012 later treatment
Source and confidence
P28-S010, ¶46. High, bounded.
S_MT-P28-C012 Saved research record

Holzapfel holds that the ATV before it was a motor vehicle rather than sporting goods; it does not create a universal anti-overlap rule.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C036; ATV examples
Source and confidence
P28-S011, ¶¶4–7. High, item-specific.
S_MT-P28-C013 Saved research record

Maynard supports one additional selected-gun exemption for a debtor; marriage alone does not automatically establish doubled protection.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Selected-gun discussion
Source and confidence
P28-S012, ¶¶6–14. High holding; doubling conclusion remains fact-specific.
S_MT-P28-C014 Saved research record

Historical affirmative-election discussion

Recorded check status: not yet checked

Precise bounded correction
Sandvig supports affirmative selection of the one-vehicle exemption under the historical regime; current §212 supplies the modern claim procedure.
Source and confidence
P28-S013 plus P28-S002. High with currentness qualification.
S_MT-P28-C015 Saved research record

Salminen was a filed private-residence warrant case at pleading stage; it does not establish automatic liability or damages.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Salminen source/case table
Source and confidence
P28-S014, ¶¶23–36. High.
S_MT-P28-C016 Saved research record

No general wildcard/in-lieu election was located in the specifically reviewed §§601, 606–610, 613, and 615; broader and specialized rights remain held.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C037
Source and confidence
Original statutory family/P28-S017. Qualified negative.
S_MT-P28-C017 Saved research record

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.

Recorded check status: not yet checked

Affected PASS-23 claim/location
C050
Source and confidence
P28-S006/P28-S018. Qualified negative.
S_MT-P28-C018 Saved research record

HB 555 established $7,000, $1,250, $4,000, and $4,500, immediately effective May 14, 2021, with no indexing clause in the act.

Recorded check status: not yet checked

Affected PASS-23 claim/location
Exemption amount/currentness
Source and confidence
P28-S008, printed p.2209/PDF 238. High.

Sources, pinpoints and access limits

Keep the source version, actual read extent and jurisdiction with the proposition. A link or researcher access claim is not a substitute for an operative primary passage.

S_MT-P28-S001 Saved research record

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)

Recorded check status: not yet checked

Access classification and material bounds
Fresh own read. Current MCA 2025 HTML; complete section. HTML has no printed-page/PDF-index locator. Montana Code Annotated
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0020/section_0110/0250-0130-0020-0110.html
S_MT-P28-S005 Saved research record

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)

Recorded check status: not yet checked

Access classification and material bounds
Fresh own read. Complete personal-service, affidavit, creditor-specific consequence, surrender, and delivery clauses. Montana Code Annotated
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0050/section_0060/0250-0130-0050-0060.html
S_MT-P28-S006 Saved research record

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)

Recorded check status: not yet checked

Access classification and material bounds
Fresh own read. Complete proceeds, interest, ordinary-balance, and debtor-instrument-delivery clauses. Montana Code Annotated
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0070/section_0120/0250-0130-0070-0120.html
S_MT-P28-S007 Saved research record

MCA §25-13-402. https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html

Recorded check status: not yet checked

Access classification and material bounds
Fresh own read. Complete material execution and excess-proceeds clauses; P23’s existing judgment-or-order exception remains correct. Montana Code Annotated
Direct source URLs
https://mca.legmt.gov/bills/mca/title_0250/chapter_0130/part_0040/section_0020/0250-0130-0040-0020.html
S_MT-P28-S008 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
Fresh own PDF read and screenshot. Four amended amounts and immediate May 14, 2021 effectiveness. Legislative Archive of Montana +1
Direct source URLs
https://archive.legmt.gov/content/Publications/sales/2021SessionLaws_V3_ERRATA-VERSION.pdf?inline=1
S_MT-P28-S009 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
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
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/1998/3d8b9983-6bae-41cf-9de6-2350cbf0cd89.html
https://cases.justia.com/montana/supreme-court/1998-08-04-3D8B9983-6BAE-41CF-9DE6-2350CBF0CD89.pdf?ts=1462388683
S_MT-P28-S010 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
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
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2003/eff955bb-6f26-4929-9f2d-b920b9e3977c.html
S_MT-P28-S011 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
Fresh own HTML and full PDF read. PDF index 0 is a nonprecedential synopsis; dissent begins at ¶8. Justia Law
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2011/op-11-0203.html
https://cases.justia.com/montana/supreme-court/op-11-0203.pdf?ts=1462390518
S_MT-P28-S012 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
Fresh own HTML and PDF read. Bankruptcy-certified question; separate one-gun holding. Justia Law
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2006/dd0f20c1-d333-4441-baad-391397697361.html
https://cases.justia.com/montana/supreme-court/2006-07-18-DD0F20C1-D333-4441-BAAD-391397697361.pdf?ts=1462389514
S_MT-P28-S013 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
Fresh own HTML and full six-page PDF read. Historical amounts and procedure. Justia Law +1
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/1991/074235f6-85d0-4899-b6b7-4f1eb8189320.html
https://cases.justia.com/montana/supreme-court/1991-09-24-074235F6-85D0-4899-B6B7-4F1EB8189320.pdf?ts=1462387763
S_MT-P28-S014 Saved research record

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

Recorded check status: not yet checked

Access classification and material bounds
Fresh own HTML and PDF-text read. Filed December 2, 2014; pleading-stage appeal; partial reversal/affirmance/remand. Justia Law +1
Direct source URLs
https://law.justia.com/cases/montana/supreme-court/2014/da-14-0179.html
https://cases.justia.com/montana/supreme-court/2014-da-14-0179.pdf?ts=1417564946
S_MT-P28-S015 Saved research record

Original P23-S001 URL family, listed in Section V.A

Recorded check status: not yet checked

Access classification and material bounds
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 Saved research record

Original P23-S003 URL family, listed in Section V.B

Recorded check status: not yet checked

Access classification and material bounds
Mixed. §§505, 506, 712 fresh; §§503 and 27-18-602 retain original access. Not independent duplicate authority.
S_MT-P28-S017 Saved research record

Original P23-S004 URL family, listed in Section V.C

Recorded check status: not yet checked

Access classification and material bounds
Mixed. §§609, 610, 613 fresh; remaining bodies retain original access.
S_MT-P28-S018 Saved research record

Original P23-S006 URL family, listed in Section V.D

Recorded check status: not yet checked

Access classification and material bounds
Locator repair only. Unchanged sale bodies not rerun.
S_MT-P28-S020 Saved research record

Original P23-S011 URL family, listed in Section V.F

Recorded check status: not yet checked

Access classification and material bounds
Landing pages fresh; six Word bodies failed/not read; Small Claims guidance fresh. No substantive content inferred from unsupported files. Montana Courts +2
Direct source URLs
https://courts.mt.gov/forms/judgement

What was examined—and what is still missing

The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.

coverage-1 Saved research record

Judgment date in officer notice

Recorded check status: recorded; no individual primary acceptance inferred

Status
Corrected
Claims
C001
Exact missing proof or next action
Actual notice and judgment
coverage-2 Saved research record

Seizure date as optional operational item

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified
Claims
C001
Exact missing proof or next action
Local form, if any
coverage-3 Saved research record

Five-day notice period

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
P23-C016
Exact missing proof or next action
Actual seizure date
coverage-4 Saved research record

Personal/mail ten-day trigger

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
P23-C017–C018
Exact missing proof or next action
Actual receipt or mailing
coverage-5 Saved research record

Same-day copies/hearing/late claim

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
P23-C019–C022
Exact missing proof or next action
Actual filing and court receipt
coverage-6 Saved research record

Sold-property proceeds branch

Recorded check status: recorded; no individual primary acceptance inferred

Status
Corrected
Claims
C002
Exact missing proof or next action
Exempt source, sale, receipt, tracing, six-month period
coverage-7 Saved research record

Lost/damaged/destroyed branch

Recorded check status: recorded; no individual primary acceptance inferred

Status
Corrected
Claims
C003
Exact missing proof or next action
Event, indemnification, tracing
coverage-8 Saved research record

Indemnification required for every sale

Recorded check status: recorded; no individual primary acceptance inferred

Status
Rejected
Claims
C002–C003
Exact missing proof or next action
None
coverage-9 Saved research record

Six-month universal deposit exemption

Recorded check status: recorded; no individual primary acceptance inferred

Status
Rejected/preserved
Claims
C002–C003
Exact missing proof or next action
Another specific exemption required
coverage-10 Saved research record

FIFO/LIFO/other reasonable tracing

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
P23-C043
Exact missing proof or next action
Actual ledger and chosen method
coverage-11 Saved research record

Example 10

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
C002–C003
Exact missing proof or next action
Actual event, date, indemnity, trace
coverage-12 Saved research record

§505 debt-and-interest prerequisite

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C004
Exact missing proof or next action
Security agreement, payoff and interest
coverage-13 Saved research record

County-treasurer deposit branch

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C004
Exact missing proof or next action
Filing county and actual deposit
coverage-14 Saved research record

Other filing-officer branch

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C004
Exact missing proof or next action
Governing filing law and office
coverage-15 Saved research record

§506 agreement-of-record predicate

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C005
Exact missing proof or next action
Actual filing record
coverage-16 Saved research record

Personal service of demand

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C005
Exact missing proof or next action
Service return and date
coverage-17 Saved research record

Affidavit contents

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C005
Exact missing proof or next action
Actual affidavit
coverage-18 Saved research record

Consequence of no affidavit

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered narrowly
Claims
C005
Exact missing proof or next action
Seizure by that creditor
coverage-19 Saved research record

§506 surrender/delivery chain

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C006
Exact missing proof or next action
Paid amount and actual instruments
coverage-20 Saved research record

§712 repayment plus interest

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered
Claims
C007
Exact missing proof or next action
Payment and distribution dates
coverage-21 Saved research record

§712 debtor delivery step

Recorded check status: recorded; no individual primary acceptance inferred

Status
Answered conditionally
Claims
C008
Exact missing proof or next action
Sale price and secured debt
coverage-22 Saved research record

Complete general priority

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claims
—
Exact missing proof or next action
Actual liens, exemptions, costs and court order
coverage-23 Saved research record

Example 8 interest term

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified
Claims
C009
Exact missing proof or next action
Whether interest is included; value of 𝐼 𝑎 I a ​
coverage-24 Saved research record

Full original-source URLs

Recorded check status: recorded; no individual primary acceptance inferred

Status
Corrected
Claims
P28-S015–S020
Exact missing proof or next action
None for locators
coverage-25 Saved research record

Word-form bodies/revisions

Recorded check status: recorded; no individual primary acceptance inferred

Status
Still unread
Claims
P28-S020
Exact missing proof or next action
Machine-readable or official current copies
coverage-26 Saved research record

Municipal execution implementation

Recorded check status: recorded; no individual primary acceptance inferred

Status
Still unresolved
Claims
P28-S019
Exact missing proof or next action
Court-specific rule/form
coverage-27 Saved research record

Dorwart currentness

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified
Claims
C010–C011
Exact missing proof or next action
No complete citator audit
coverage-28 Saved research record

Holzapfel scope

Recorded check status: recorded; no individual primary acceptance inferred

Status
Narrowed
Claims
C012
Exact missing proof or next action
Other property/statutory combinations require separate analysis
coverage-29 Saved research record

Maynard scope

Recorded check status: recorded; no individual primary acceptance inferred

Status
Narrowed
Claims
C013
Exact missing proof or next action
Actual debtors, ownership and selection
coverage-30 Saved research record

Sandvig historical procedure

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified
Claims
C014
Exact missing proof or next action
Current §212 facts
coverage-31 Saved research record

Salminen posture

Recorded check status: recorded; no individual primary acceptance inferred

Status
Corrected
Claims
C015
Exact missing proof or next action
Merits and damages require actual later proceedings
coverage-32 Saved research record

HB 555 source and effective date

Recorded check status: recorded; no individual primary acceptance inferred

Status
Freshly verified
Claims
C018
Exact missing proof or next action
None
coverage-33 Saved research record

Wildcard negative

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified to reviewed provisions
Claims
C016
Exact missing proof or next action
Bankruptcy, federal, local, special-sector or contractual law
coverage-34 Saved research record

Redemption negative

Recorded check status: recorded; no individual primary acceptance inferred

Status
Qualified to reviewed provisions
Claims
C017
Exact missing proof or next action
Secured repossession, contract, bankruptcy and real-property law
coverage-35 Saved research record

All 11 original examples

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
C009 only adds E8 qualifier
Exact missing proof or next action
No recomputation
coverage-36 Saved research record

All 30 checked quantities

Recorded check status: recorded; no individual primary acceptance inferred

Status
Preserved
Claims
—
Exact missing proof or next action
None
coverage-37 Saved research record

Actual asset/title/lien/contract/case

Recorded check status: recorded; no individual primary acceptance inferred

Status
Unresolved
Claims
Original P23 holds
Exact missing proof or next action
Private records remain outside scope
coverage-38 Saved research record

Local/tribal/country/sector law

Recorded check status: recorded; no individual primary acceptance inferred

Status
Excluded unchanged
Claims
—
Exact missing proof or next action
Separate research

Corrections, review and scope

Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.

How to read the research →

No currently queued material correction is mapped to this component. This does not remove its currentness, access, jurisdiction or application limits.

Recorded review disposition

four requested P23 groups resolved with limits

Other components in this research series

S_MTpass-01

SMT Montana provider market access and consumer fees

Inside: A. Substantive findings · 1. Classification and market access · 2. Consumer fees

6 tables30 claim records16 source recordsScoped review · limits applyCaptured 2026-10-25
S_MTpass-02

SMT Focused precision correction and current-rule/scope addendum

Inside: A. Exact federal replacements and corrected source labels · 1. Replacement for PASS-01 paragraph 5 and claim C025 · 2. Replacement qualification for C026 — dedicated accounts

4 tables13 claim records15 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-03

SMT Minimal provenance correction

Inside:

1 tables0 claim records0 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-04

SMT Montana consumer-money custody, trust-account, and refund architecture

Inside: Core determination · 1. Custody entry point and hybrid arrangements · Part 20 custody

6 tables31 claim records7 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-05

SMT Montana bond, insurance, and alternative-security component

Inside: Executive findings · 1. Covered models and security triggers · Part 20 — debt management and covered credit counseling

5 tables30 claim records12 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-06

SMT Montana mandatory agreement, disclosure, and execution component

Inside: Core conclusions · Part 20 custodial DMP · Part 21 noncustodial settlement

6 tables36 claim records11 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-07

SMT Montana Part 20/Part 21 provider enforcement, private remedies, voidness, fee return, and remedy-specific limitations

Inside: Executive conclusions · Administrative licensing discipline · A2. Part 21 remains the noncustodial settlement branch

7 tables45 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-08

SMT Montana collection-agency/debt-buyer licensing, original-creditor coverage, and state-specific collection conduct

Inside: I. Executive determination · 1. No general standalone Montana “collection agency” license was identified · 2. The central Montana licensing trigger is the debt’s legal origin and the collector’s activity

5 tables54 claim records26 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-09

SMT Montana prelitigation debt validation, disputes, and consumer access to account documentation

Inside: 1. Montana does not present one universal debt-validation regime · 2. Montana Consumer Loan Act records and consumer-facing information · A. Payment receipts

6 tables52 claim records23 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-10

SMT Montana ordinary consumer-debt credit reporting, furnishing, and dispute overlays

Inside: I. Bottom-line findings · 2. Montana CRA accuracy and compliance duties · 3. Montana file access

8 tables53 claim records23 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-11

SMT Montana ordinary unsecured consumer-debt limitation, accrual, choice-of-law, tolling, and revival

Inside: I. Executive conclusions · Classification rule · 1. General accrual

7 tables54 claim records25 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-12

SMT Bounded Example 3 correction

Inside: Correction summary · Exact replacement text for PASS-04 Example 3 · Example 3 — Receipt before a valid signed DMP

4 tables1 claim records0 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-13

SMT Montana ordinary consumer-debt civil case entry, venue, service, response, default, and bounded vacatur

Inside: I. Executive findings · A. Small Claims assignment restriction · B. Real party and entity representation

8 tables62 claim records20 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-14

SMT Two bounded agreement qualifications

Inside: A. Correction summary · Exact replacement for the PASS-06 E-SIGN paragraph · Conditional E-SIGN and Montana-UETA relationship

6 tables4 claim records5 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-15

SMT Montana ordinary consumer-debt lawsuit standing, assignment chain, debt proof, account/instrument records, and evidence

Inside: I. Executive findings · A. Real party versus subject-matter jurisdiction · B. Cure, ratification, joinder, and substitution

11 tables54 claim records21 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-16

SMT Montana ordinary consumer-debt arbitration, delegation, judicial gateway, and related waiver

Inside: I. Executive findings · A. Actor matrix · B. Assignment boundary

11 tables62 claim records32 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-17

SMT Montana ordinary consumer-debt arbitration award-to-judgment confirmation, vacatur, modification/correction, appeal, and stay boundaries

Inside: I. Core determinations · A. Montana statutory award requirements · B. Current AAA Consumer Rules—conditional only

15 tables60 claim records20 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-18

SMT Montana ordinary consumer-debt court-judgment interest, duration, renewal, satisfaction, and judgment-lien release

Inside: I. Core conclusions · A. Prejudgment versus postjudgment interest · B. Montana default postjudgment formula

10 tables56 claim records18 source recordsCorrections to readCaptured 2026-10-26
S_MTpass-19

SMT Bounded corrections and qualifications to

Inside: Correction determination · Exact replacement for PASS-07 Example 1 · Exact replacement for PASS-07 Example 2

11 tables17 claim records11 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-20

SMT Bounded public-enforcement procedure, attorney-fee, and crosslink corrections

Inside: Correction summary · Civil investigative demand and challenge procedure · Conditional CID workflow

9 tables14 claim records12 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-21

SMT Montana ordinary unsecured consumer-debt wage garnishment and earnings exemptions/procedure

Inside: I. Core determinations · A. Statutory definitions · B. Required versus voluntary payroll deductions

15 tables61 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-22

SMT Montana ordinary unsecured consumer-debt bank-account garnishment, deposit/benefit exemptions, and tracing

Inside: I. Core determinations · II. Court, actor, and account-route matrix · III. Montana ordinary bank-levy workflow

13 tables65 claim records22 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-23

SMT Montana ordinary unsecured consumer-money-judgment nonwage, nonbank personal-property execution, exemptions, and debtor procedure

Inside: I. Core determinations · A. Current amount and category matrix · B. Exemption stacking rules

12 tables58 claim records18 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-24

SMT Montana ordinary unsecured consumer-money-judgment real-estate execution and homestead

Inside: I. Core determinations · A. General seizure/exemption notice · B. General exemption request

6 tables68 claim records20 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-26

SMT Bounded precision and source corrections to

Inside: Effect on the original PASS-21 · 1(a). Replacement for P21 VI.A notice-content paragraph · Statutory officer notice

5 tables16 claim records17 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-27

SMT Bounded precision and source corrections to

Inside: I. Effect on the original PASS-22 · A. Exact replacement for PASS-22 core finding 5 and debtor-notice content · Montana officer notice after execution

9 tables22 claim records15 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-29

SMT Bounded procedure, redemption, and source/render corrections to

Inside: A. Replacement for PASS-24 core finding 23, Matrix V step 5, VII.C, C038, and Example 7 · Service of the homestead appraisal petition · Service-method hold

10 tables16 claim records21 source recordsScoped review · limits applyCaptured 2026-10-26
S_MTpass-30

SMT Bounded provenance, mail-method, claim-mapping, and display corrections to

Inside: I. Effect on original PASS-27 · Montana notification of seizure — §25-13-211 · Unchanged §25-13-212 conditions

7 tables8 claim records7 source recordsScoped review · limits applyCaptured 2026-10-26
Record integrity

Original saved Markdown SHA-256: c79da3b39fe2830034c0fcdf0d6c9cc3b7dbc915e231520796dd0d8eeeee9dc2. Public formatting, private-reference removal and correction annotations are separate from that immutable original.

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