Agister Lien Checklist

Information about an Agister Lien can be found in
Montana Code Annotated 71-3-1201 through 71-3-1205

□   Determine if there was an express or implied contract that would be applicable under Montana Code Annotated 71-3-1201.

□   If lien is for a motor vehicle, send in a request to Motor Vehicle Division (MVD) for ownership/lien holder information (MVD website: mvdtitleinfo@mt.gov form MV210).

□   Send a Notice of Agister Lien to the owner and lien holder (if applicable) of record by certified mail stating your intention to assert a lien and stating the nature of the claim and the amount due. (Keep a copy for your records and a copy to give to the Sheriff’s Office).

□   If payment for services or material is not made within 20 days after mailing (or 10 days after personal service), you may enforce the lien through an Agister Lien Sale (Sheriff’s Sale).

□   Fill out an Agister Lien Notice to the Sheriff’s Office and Affidavit of Amount Due.

□   Mail or bring to the Madison County Sheriff’s Office, 100 W Wallace St, PO Box 276, Virginia City, MT 59755, the original copy of the Agister Lien Notice to the Sheriff’s Office and the Affidavit of Amount Due. Include a copy of the Notice of Agister Lien along with a copy of the return receipt from the certified mailing (or returned envelope) and if a motor vehicle, a copy of ownership information received from MVD.

□   Include a $60.00 advanced fee for posting Sheriff’s Sale notices.

The following are additional fees/costs of Sheriff’s Sale:

  1. In addition to the posting fee above there will be a $150.00 fee for holding the Sheriff’s Sale. This fee will be deducted from sale proceeds before they are disbursed.
  2. The bill for the cost of advertising in the local paper will be sent directly to you by The Madisonian at their normal advertising rates. This cost will be added to the total that is due to you by the Defendant(s).