Dean v. Fred's Towing

Appellant, Michael Hoepfner appeals from the denial of his motion to set aside a default judgment issued by the Fourth Judicial District Court, Missoula County, and from the court’s ruling that funds in a joint bank account traceable to his spouse’s social security benefits are not exempt from execution. We affirm in part, reverse in part and remand.

Appellant raises the following issues on appeal:

1. Did the District Court abuse its discretion in refusing to set aside the default judgment against Hoepfner?

2. Did the District Court err in finding bank deposits traceable to the judgment debtor’s…