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I need to file a quiet title in Montana. I did a

Customer Question
I need to file...

I need to file a quiet title in Montana.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I did a construction lien on property.

Lawyer's Assistant: Have you talked to a MT lawyer about this?

I have legal insurance but there is only three on the plan in Montana and they don't do that type of law.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I bought on contract. House was to be condemned the following week so I bought and refurbished. Electrical, plumbing etc. Now they want back.

Submitted: 3 months ago.Category: Legal
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Answered in 23 minutes by:
3/20/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,342
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

70-28-101 of the MT code authorizes a person to file a quiet title action. This just basically means that the you can file your petition in court claiming your quiet title action. Basically, you're filing a lawsuit against the person who is claiming title.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

Filing a lawsuit is relatively simple, but there are some specific steps you must follow. Generally, you will want to begin with drafting up your complaint on 28-line pleading paper. You can usually get 28-line pleading paper as a Microsoft Word template or just looking online for a free copy of one. I usually recommend that you begin with a brief introduction and then start a new heading with a new paragraph where you lay out the facts. Once you are done laying out the facts, create a new heading that provides your legal analysis. For example, you could say that a breach of contract occurs when someone fails to fulfill their obligation in an agreement. It doesn't have to be very long, but something that explains what your legal authority is to bring the case. Afterward, you will want to have your “Prayer for Relief” as a separate heading and then you put in what you want (e.g. amount of money you want). Make three copies of this.

Once you do that, you should either look online or go to the courthouse to find out if there are any specific forms you must fill out. Many county courthouses require specific forms depending on the cause of action that you have and they’ll reject it if you don’t have the right forms. If you can get three copies in advance of going to the courthouse, do so and attach them to your complaint.

Once you fill out the forms and you have your complaint, you should go to the courthouse and file them. Most lawsuits require a filing fee. The court will stamp that the docs have been received. The court will keep one copy of the received document and the court will give you back the others (one for you to keep and one for you to serve).

When you get those documents, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required when you are suing someone for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Finally, there’s the discovery process where you can ask the other party for documents and even take statements from witnesses (these are called depositions). If you can’t reach agreement, then you go to trial.

What other questions did you have for me today that I can help you out with:-)?

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