Montana Sheriff Praecipe: How to Write Instructions for Executing Your Judgment

What Is a Praecipe and Why Does It Matter

A Praecipe is a written instruction sheet you deliver to the county sheriff alongside your Writ of Execution. The writ gives the sheriff legal authority to act. The Praecipe tells the sheriff exactly what to do with that authority — which assets to target, where they are located, and how much is owed.

Without a properly completed Praecipe, the sheriff's office will not act on your writ. They are not going to investigate the debtor's finances or track down assets on your behalf. That is your job. The Praecipe is how you communicate the results of that legwork in a format the Civil Division can work with.

Where to Get the Form

The official Praecipe form is available through the Montana Judicial Branch at courts.mt.gov under the civil and judgment forms section. Some county sheriff offices also provide their own version. Either works — the critical thing is that your instructions are specific and complete.

What Goes on the Praecipe

Every Praecipe needs these core elements:

Case information. The court name (e.g., "Yellowstone County Justice Court"), case number, and full names of the judgment creditor (you) and judgment debtor.

Amount owed. The principal judgment amount, accrued post-judgment interest calculated under MCA § 25-9-205 (prime rate plus 3%, simple interest from the date of judgment), recoverable court costs and enforcement fees, and the total.

Specific execution instructions. This is where most pro se creditors stumble. You need to tell the sheriff precisely what you want levied:

• For wage garnishment: The employer's legal name, street address, and payroll or HR contact if you have it.
• For a bank levy: The financial institution's name and the specific branch address where the debtor's account is held.
• For personal property seizure: The physical address where the property is located and a description specific enough for the officer to identify it (year/make/model for a vehicle, item descriptions for equipment or goods).

Vague instructions like "the debtor works somewhere in Missoula" or "they have a bank account" will get your Praecipe returned. The sheriff needs actionable detail.

Delivering the Praecipe

Take (or mail) the original Writ of Execution, completed Praecipe, and the required fee deposit to the sheriff's Civil Division in the county where the target asset is located. A Justice Court writ issued in one county may be served by the sheriff in another Montana county; ask each office whether it needs separate paperwork for different levies.

Sheriff's civil process fees vary by county. Under MCA § 7-4-2525, county commissions set fee schedules by annual resolution based on local private process server rates. Typical flat service fees range from $50 to $70, though some counties charge more. Call the sheriff's office before you go — they will tell you the current deposit amount and accepted payment methods.

All fees you pay for execution are recoverable and get added to the debtor's total balance.

After You Submit

Once the sheriff receives your Praecipe and writ, they have 120 days to execute under MCA § 25-13-402(1). The sheriff serves the employer, bank, or custodian of property, collects funds or seizes assets, holds them for a mandatory 10-day period (so the debtor can claim exemptions), and then remits payment to you if no valid exemption is sustained.

You will receive a Return of Execution documenting what was collected. If the judgment is not fully satisfied, you can request a new writ and submit another Praecipe for a different asset or for a renewed attempt.

Getting It Right the First Time

A rejected or incomplete Praecipe means wasted time — and in some cases wasted fees. The forms, the interest calculation, and sample Praecipe instructions for each type of levy are all covered in our Montana Judgment Collection Guide.

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