CBI Inc. v. Sharon McCrea
285 P.3d 429
Mont.2012Background
- McCrea, self-represented, owes Partnership Health Center and a credit card debt; CBM filed March 2011 to collect the amounts; McCrea’s Answer did not deny the debts but attacked MFCU’s conduct; CBM obtained judgment for $8,487.96 in June 2011 including fees; McCrea sought an exemption hearing and to strike CBM’s objection in July–August 2011; District Court denied, later issuing a nunc pro tunc order explaining reasons; McCrea appealed arguing lack of reason and misapplication of exemptions; the issue on appeal concerns denial of the exemption hearing and related strike motion; the court ultimately affirmed the district court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the District Court err by denying the exemption hearing and strike? | McCrea argued exemptions deserved and hearing should be held; asserted FCRA issues. | Statute 25-13-212 requires specific exemption claims and documentation; bank funds are not exempt under 25-13-609; no proper showing. | No error; denial affirmed; exemption hearing not warranted under the statute. |
Key Cases Cited
- Dorwart v. Caraway, 966 P.2d 1121 (Mont. 1998) (exemption procedures; due process considerations for notice and hearings)
- Williams v. Sorenson, 75 P.2d 784 (Mont. 1938) (substantial compliance acceptable for exemptions)
- Neel v. First Fed. Sav. & Loan Assn. of Great Falls, 675 P.2d 96 (Mont. 1984) (liberal construction of exemption laws for debtors)
- In re Archer, 332 Mont. 1 (Mont. 2006) (liberal interpretation of exemption laws; humane remedial purpose)