Blackwell v. Lurie – Case Brief Summary (Montana)

In Blackwell v. Lurie (1997), 284 Mont. 351, 943 P.2d1318, the Supreme Court held that unless the contesting party can show prejudice by some defect in the procedure involved, and where the requesting party has fulfilled all statutory requirements, there is no error by the district court in ruling that notice requirements were complied with.

In Blackwell, the defendant claimed that the foreign judgment was defective because the notice filing did not state the name of the true judgment creditor, as the notice contained the name of a trustee and not the trust.

The Court found that the judgment creditor named need not acknowledge his representative capacity, particularly where the attached foreign judgment plainly disclosed that judgment was entered on behalf of the trust.