Summary
The Supreme Court of Montana affirmed an order setting aside a judgment creditor's purchase at levy of the debtor's pending personal injury cause of action. The court held that Montana law does not permit a pending personal injury claim to be levied upon or sold before judgment, reaffirming prior precedent. The court noted that a creditor may instead seek assignment of proceeds from the tort action to satisfy the judgment.
Topics
Practice areas
Questions Presented
- Whether the District Court had subject matter jurisdiction to set aside the levying sale of Dunster's pending personal injury cause of action.
- Whether Montana law permits a judgment creditor to levy upon and sell a pending personal injury cause of action before judgment is entered in that action.
Holdings
- The District Court had jurisdiction to enter orders necessary to enforce its judgment, including an order setting aside the void levying sale.
- Montana law does not allow the levy or sale of a pending personal injury cause of action before judgment is rendered.
Key quotations
“Montana law does not allow the levy or sale of a pending personal injury cause of action before judgment is rendered.” (¶ 14)
“We are not cited to, nor have we been able to find, a single case holding that a bare cause of action for personal injuries may be levied on by way of attachment or execution.” (¶ 9)
Factual background
Blackmore obtained a $3,117.81 judgment against Dunster arising from an assault and unlawful restraint, later increased to $3,545.14 with post-judgment interest and costs. After unsuccessful collection efforts, a writ of execution directed the sheriff to seize and sell Dunster's pending personal injury action against the Yellowstone County Sheriff's Office, the Billings Police Department, and others. Blackmore purchased that cause of action for $50, but the District Court set aside the sale as void.
Procedural history
Blackmore obtained a money judgment against Dunster after a jury awarded her damages for assault and unlawful restraint. After unsuccessful collection efforts, a writ of execution directed the sheriff to seize and sell Dunster's pending personal injury cause of action, which Blackmore purchased for $50. The District Court set aside the sale as void because a pending personal injury action could not be levied before judgment, and Blackmore appealed.