Bill > SB373

This bill revises Montana's laws regarding the enforcement of liens, making several key changes to the legal process for property liens. The bill modifies where and how lien enforcement actions can be filed, allowing such actions to be initiated in a court of competent jurisdiction in the county where the contract was made, where the owner resided, or where the property is located. It eliminates the requirement for a traditional summons, instead introducing an order to show cause that serves as a substitute for formal summons. The bill also extends the notice period from 5 to 21 days before a hearing and clarifies the documentation required for different types of liens, including specific affidavit requirements and documentation for nonpossessory special liens. Additionally, the bill provides more detailed procedures for serving notice to property owners, including certified mail and first-class mail, and maintains the existing process for sheriff-led property sales to satisfy liens. The changes aim to streamline the lien enforcement process, provide more flexibility in filing locations, and potentially make the legal procedure more accessible and efficient for lienors seeking to recover unpaid fees or services.

Business and Industry, Justice

https://bills.legmt.gov/#/laws/bill/2/LC2345