Billings, MontanaBillings Financial Fraud
Billings Financial Fraud Lawyers: Bank Fraud, Debt Lawsuits, Unfair Debt Collection and Credit Reporting Errors in Yellowstone County
Boland Aarab PLLP.
If a bank, lender, debt collector or credit bureau took your money, sued you in Yellowstone County over a debt you do not owe, or damaged your credit, federal and Montana law may give you a claim, often with the right to recover attorney fees. Some deadlines are measured in days. If you have been served with a debt lawsuit in Billings, do not let the response date pass.
Harmed by a bank, lender or debt collector? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Were you sued over a debt in Billings?
Most consumer debt lawsuits in Billings are filed in one of two courts, both in the Yellowstone County Courthouse at 217 North 27th Street:
- Yellowstone County Justice Court, Room 603, which hears civil claims up to $15,000, including actions on a contract for the recovery of money (Yellowstone County Justice Court). Credit card, medical and personal-loan collection suits are often filed here.
- The Thirteenth Judicial District Court, for larger claims (§ 3-5-101, MCA).
The Justice Court’s own instructions explain that if an answer is not filed within 20 days of service, the plaintiff may ask the clerk to enter a default judgment (Justice Court). A default judgment can lead to garnishment of wages and bank accounts. Read your summons for the exact deadline in your case, because the court and the method of service can change it.
A debt lawsuit is often defensible. The company may be unable to prove it owns the debt, may add interest and fees the contract never allowed, or may be suing on a debt that was paid, discharged or never yours. And filing a lawsuit does not exempt a collector from federal law: the Fair Debt Collection Practices Act applies to lawyers who regularly collect consumer debts, “even when that activity consists of litigation” (Heintz v. Jenkins, 514 U.S. 291 (1995)). A collector that broke the law may owe you damages, which can be raised as a counterclaim.
We have turned a debt lawsuit around. Our clients came to us as defendants in a Cascade County debt suit. The company dropped its claim, forgave the debt and paid our clients about four times what it first said it should pay: $27,000 and the debt erased.
What other financial harms do Billings consumers bring to us?
Billings is a banking center for much of eastern Montana. The problems we see include:
- Unauthorized transactions and account takeovers, including debit card, online and app-based transfers the bank will not reverse.
- Deceptive lending, such as hidden terms, misrepresented costs and pressure to sign.
- Harassing or deceptive collection, including repeated calls, threats, and demands for amounts not owed.
- Credit reporting errors and identity-theft accounts that the credit bureaus and furnishers refuse to fix.
- Elder financial exploitation, when a caregiver, relative, new “friend” or agent under a power of attorney drains an older person’s accounts.
What happens when you report fraud or exploitation in Billings?
Your bank. Report an unauthorized electronic transfer to your bank or credit union immediately, in writing. Your liability depends on how fast you report, and you must report within 60 days after the statement showing the transfer is sent (15 U.S.C. § 1693g). The bank then generally has 10 business days to investigate, or up to 45 days if it provisionally recredits your account (§ 1693f).
Police. For identity theft or theft from an account, file a report with the Billings Police Department or, outside the city, the Yellowstone County Sheriff’s Office. The report supports credit-bureau blocks and bank claims.
State agencies. Suspected exploitation of an older or vulnerable adult can be reported to Adult Protective Services at 1-844-277-9300 (DPHHS). The Montana Department of Justice’s Office of Consumer Protection, in Helena, takes consumer complaints at (800) 481-6896 (Montana DOJ). A report or complaint is not a lawsuit and does not stop any deadline.
Federal court. Claims under the FDCPA, the Fair Credit Reporting Act and the Electronic Fund Transfer Act are often filed in the Billings Division of the U.S. District Court at the James F. Battin Federal Courthouse, 2601 2nd Avenue North (District of Montana).
Montana and federal law that applies
- FDCPA: bars harassment, false statements and unfair collection, and requires debt validation; actual damages, up to $1,000 in additional damages, and fees; suit within 1 year (15 U.S.C. § 1692k).
- FCRA: credit bureaus must reasonably reinvestigate disputes, generally within 30 days (§ 1681i), and must block identity-theft information on proper request (§ 1681c-2); willful violations can bring punitive damages (§ 1681n).
- Montana Consumer Protection Act: unfair or deceptive acts in trade or commerce are unlawful (§ 30-14-103, MCA); an individual may recover actual damages or $500, whichever is greater, and the court may treble damages that do not exceed $100,000; the claim may be brought in justice court, but not as a class action (§ 30-14-133, MCA). The Act’s prevailing-party fee rule runs both ways, so we weigh that risk with you.
- Elder exploitation is defined in § 52-3-803, MCA to include using deception, undue influence or a power of attorney to divert a vulnerable adult’s money.
See our Montana bank and financial fraud page for the deadlines and remedies in detail.
Why hire a Great Falls firm for a Billings case?
Banks and collection companies count on consumers giving up. We are based in Great Falls and handle financial fraud and debt defense cases across Montana, and much of the early review can be done by phone and email. Our attorneys travel to Billings for hearings, depositions and trial, and our firm has tried jury trials in Yellowstone County. We do not have a Billings office.
The Boland Aarab Way
- We fight back when our clients are sued, as in the Cascade County debt case above.
- We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and more than 4,000 hours in the courtroom.
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years; Samir Aarab has argued twice before the Ninth Circuit.
- We are part of the trial bar. Samir Aarab is a member of Public Justice; both attorneys belong to AAJ and MTLA.
Related Billings pages: data breach · nursing home abuse · all Billings cases
Frequently Asked Questions
I was served with a debt lawsuit from Yellowstone County Justice Court. What now? Respond before the deadline in your summons. The Justice Court’s instructions allow a default judgment if no answer is filed within 20 days of service. Many debt suits have defenses and some support counterclaims.
What is the most a debt collector can sue for in Justice Court? Yellowstone County Justice Court hears civil claims up to $15,000. Larger claims go to the Thirteenth Judicial District Court.
My bank will not refund an unauthorized transfer. What can I do? Put your dispute in writing within 60 days after the statement was sent. If the bank fails to investigate properly, you may have a claim under the Electronic Fund Transfer Act.
I think someone is taking money from my elderly parent in Billings. Who do I call? Report it to Adult Protective Services at 1-844-277-9300 and, if money was stolen, to the police. Then talk to a lawyer about protecting the accounts and recovering what was taken.
Can I bring a Consumer Protection Act claim in Justice Court? Yes. Section 30-14-133, MCA allows an individual claim to be brought in justice court, although not as a class action.
Talk to a Billings Financial Fraud Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
