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Montana Collections Questions & Answers
Q: I got served something in mail and I’m not sure if I need a lawyer or not
I got served this morning with paperwork from justice court pertaining to DFS and my child’s medical bills that I was told were going to be completely covered by DFS back in 2019 when my case was first opened.
Tim Akpinar
answered on Jan 20, 2025
answered on Jan 20, 2025
If you were served with a summons and complaint, or similar legal papers, that would generally mean you have a short window of time in which to respond. In most places nationwide, it ranges from around 20 to 30 days, depending on method of service. As my colleague correctly advises, it would be... View More 
Q: Received execution levy notice, stay-at-home mom with no job or assets. Can they take anything?
I received a notice of execution levy for credit card debt, but I'm a stay-at-home mom with no job, no vehicle in my name, and no personal property over $600. Can they take anything from me? My husband has a car loan under his name and is self-employed filing 1099s. Can they take anything... View More
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James L. Arrasmith
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answered on Oct 7, 2025
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answered on Oct 7, 2025
It’s understandable to feel anxious after receiving a levy notice, but from what you’ve described, it sounds like you are **judgment-proof**, meaning you don’t have any assets or income the creditor can legally seize. Since you’re a stay-at-home mom with no job, no property of significant... View More
Q: My employer in Montana refuses to pay my last paycheck after quitting. What should I do?
I recently quit my job in Montana, and my former employer is refusing to pay me my last paycheck. Despite my multiple attempts to contact him, he has blocked me. What steps can I take to resolve this issue and receive my owed wages?
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James L. Arrasmith
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answered on Sep 20, 2025
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answered on Sep 20, 2025
You have a right to receive your final paycheck in Montana, and there are steps you can take to recover the wages you are owed. First, gather all documentation of your employment, including pay stubs, your resignation notice, emails, and any agreements regarding your last paycheck. This evidence... View More
Q: Confused by "Notice of Execution to Judgement Debtor" letter
I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items... View More
Timothy Denison
answered on Dec 18, 2024
answered on Dec 18, 2024
You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.
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