Stefan T. Wall
Rebekah E. Schaefer
Wall, McLean & Gallagher, PLLC
P.O. Box 1713
Helena, MT 59624
(406) 442-1054
stefan@mlfpllc.com;
rebekah@mlfpllc.com
Attorneys for Plaintiffs
IN THE JUSTICE COURT,
JEFFERSON COUNTY
ORDER FOR SERVICE BY PUBLICATION
CAUSE NO. DV-465-2021-80: 406 Properties, Inc. Plaintiff, vs. Chad West, Defendant.
Upon application of Plaintiff 406 Properties, Inc., and is appearing from the No Find Return for Service and Belief that Defendant no longer reside on the property and are Evading Service by Jason Black, Process Server Licensed by the State of Montana, and after examination of the record and files herein, it satisfactorily appears to me, the Justice of the Peace of the above-entitled Justice Court, and I now find that:
1. The Complaint for Eviction in this action was filed on August 26, 2021, and original Summonses were issued.
2. This action is brought by Plaintiff to obtain possession of the real property, rent, and actual damages described in the Complaint for Eviction, and the relief demanded in said Complaint consists of Defendants removing property from the premises immediately, rent, actual damages, and holdover rent, late fees, attorney’s fees and costs, interest on any judgment, and for other relief as may be just.
3. Plaintiff mailed a Violation and Termination Notice to Mr. West, via Certified Mail with Return Receipt Requested, postmarked August 16, 2021.
4. Chad West did not acknowledge receipt of the Termination notice.
5. Plaintiff through its attorney provided a Praecipe for Service to Lee & Associates LLC, asking for service by “exhibiting to him the original Summons and leaving copies of the Summons and Verified Complaint for Eviction with him.”
6. Based upon the affidavit of Jason Black, Lee & Associates LLC, attempted service multiple times and at different times of day.
7. Plaintiff’s counsel has made diligent attempts of service for the Defendants.
8. Plaintiff seeks to divest Defendants’ interest in the property.
NOW, on application and affidavit of Stefan T. Wall, the attorney of record for Plaintiff, and pursuant to MCA § 70-24-427, Landlord’s remedies After Termination – Action for Possession, and Rule 4(o)(A), Mont. R. Civ. P.,
IT IS HEREBY ORDERED that:
1. A Summons for Publication be issued and service of said Summons be made and accomplished by publication upon all Defendants specifically named;
2. The Summons for Publication be published in the Boulder Monitor, a newspaper of general circulation, printed and regularly published in Jefferson County, Montana, said newspaper being hereby designated as the newspaper most likely to give notice to said unserved Defendants;
3. Publication shall be made once a week for three (3) successive weeks;
4. The published Summons shall contain, in addition to the statutory contents, a description of the property involved and a general statement of the nature of this action; and
5. Following publication of the Summons for Publication, Plaintiff shall furnish and file a proper affidavit from the Boulder Monitor of publication as required by law.
This action is brought for the purpose of possession, rent, and actual damages to the real property located at 500 Butte County Road, Lot #1, Boulder, Montana 59632.
WITNESS my hand of said Court this 14th day of December 2021.
/s/ Stephen M. Anderson, Justice of the Peace
Legal 21-146 Published in the Boulder Monitor December 22 & 29, 2021, and January 5, 2022. MNAXLP
