# Mont. Code Ann. § 30-7-601: 30-7-601 Lost and missing documents

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T30_C7_P6_S30-7-601

## Section

- **Citation:** Mont. Code Ann. § 30-7-601
- **Heading:** 30-7-601 Lost and missing documents
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 30 / Chapter 7 / Part 6 / Section 30-7-601

## Text

30-7-601 . Lost and missing documents. (1) If a document has been lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was not nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection.

(2) A bailee that without court order delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion, if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within 1 year after the delivery.

## Nearby sections

- [Mont. Code Ann. § 30-7-601 30-7-601 Lost and missing documents](https://www.frixlaw.com/law-library/statutes/STATE_MT_T30_C7_P6_S30-7-601.md)
- [Mont. Code Ann. § 30-7-602 30-7-602 Attachment of goods covered by negotiable document of title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T30_C7_P6_S30-7-602.md)
- [Mont. Code Ann. § 30-7-603 30-7-603 Conflicting claims -- interpleader](https://www.frixlaw.com/law-library/statutes/STATE_MT_T30_C7_P6_S30-7-603.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T30_C7_P6_S30-7-601. Check the current official text before relying on it. Not legal advice.