Bozeman, MontanaBozeman Financial Fraud
Bozeman Financial Fraud Lawyers: Bank Fraud, Debt Lawsuits, Unfair Debt Collection and Credit Report Errors in Gallatin County
Boland Aarab PLLP.
If a bank, lender, debt collector or credit bureau has taken your money, sued you in Gallatin 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, so act as soon as you discover the problem.
Harmed by a bank, lender or debt collector in the Bozeman area? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What financial problems bring Bozeman-area residents to us?
The cases we see follow the valley’s population: students and young workers, new arrivals, retirees, and families stretched by housing costs.
- Account fraud and unauthorized transfers. Card skimming, account takeovers, app-payment scams and wire fraud tied to online rentals or home purchases. Many Bozeman residents bank with national institutions whose fraud departments are far away.
- Debt lawsuits. Collection suits over credit cards, medical bills, auto deficiencies and old accounts bought by debt buyers.
- Debt collection abuse. Repeated calls, threats, contacts at work, and attempts to collect amounts that are not owed or were already paid.
- Credit report errors and identity theft. Accounts that are not yours, paid debts still reported as unpaid, and mixed files. Data breaches affecting large numbers of Montanans can lead to identity theft months later.
- Deceptive lending. Hidden fees, misrepresented terms and pressure tactics in personal and home-related loans.
- Elder financial exploitation. Older adults targeted by scammers, or by someone they trusted with a power of attorney or access to their accounts.
What happens if you are sued over a debt in Gallatin County?
Do not ignore the papers. Respond by the deadline stated in the summons. If you do not, the court can enter a default judgment, which can lead to garnishment of wages or a bank account.
Which court. Most consumer debt suits in the county are filed in Gallatin County Justice Court, which hears contract claims of up to $15,000, exclusive of costs and fees (§ 3-10-301, MCA). The justice courtrooms are in the Gallatin County Law and Justice Center, 515 South 16th Avenue, Bozeman. Larger claims go to the Eighteenth Judicial District Court in the same building (§ 3-5-101, MCA). Federal claims under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act or the Electronic Fund Transfer Act can also be brought in the federal court’s Butte Division, which covers Gallatin County (D. Mont. L.R. 1.2).
Look for defenses and counterclaims. The company may not be able to prove it owns the debt, may be adding interest and fees the contract never allowed, or may be suing on a debt that was paid, discharged or never yours. A collector that breaks the law while suing you may owe you damages and fees. The FDCPA applies to lawyers who regularly collect consumer debts, even through litigation (Heintz v. Jenkins, 514 U.S. 291 (1995)).
We have turned a debt lawsuit around. Our clients came to us as defendants in a Cascade County debt case. We fought back. 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 (results).
What if money was taken from your account or an older parent is being exploited?
Report unauthorized transfers in writing, right away. Your liability for unauthorized electronic transfers depends on how fast you report, and you can lose protection for later losses if you do not report within 60 days after the statement is sent (15 U.S.C. § 1693g). The bank must then investigate within set time limits (§ 1693f).
Report fraud to police. Inside Bozeman, report to the Bozeman Police Department; elsewhere in the county, to the Gallatin County Sheriff’s Office. A police report helps with bank disputes and identity theft blocks.
For an older adult, call 911 if harm is happening now. Otherwise, report suspected exploitation to Montana Adult Protective Services at 1-844-277-9300 or online (DPHHS Adult Protective Services). Then protect the accounts and talk with a lawyer about recovering what was taken.
Montana and federal law that applies
Our Montana financial fraud lawyer page covers these laws in depth. In brief:
- FDCPA: bars harassment, false statements and collection of amounts not owed; actual damages, up to $1,000 in additional damages and attorney 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 up to three times actual damages when they do not exceed $100,000; the claim may also be brought in justice court (§ 30-14-133, MCA). Fee awards go to the prevailing party, so we weigh that risk with you.
- Elder exploitation: Montana defines exploitation of a vulnerable adult, including anyone 60 or older, to include using deception, undue influence or a power of attorney to take their money or property (§ 52-3-803, MCA).
- Deadlines are short: 1 year for FDCPA and EFTA suits, 2 years for Consumer Protection Act and fraud claims (§ 27-2-211; § 27-2-203, MCA).
Why hire a Great Falls firm for a Bozeman case?
Banks and collection companies count on consumers giving up or not showing up. We are based in Great Falls, handle financial fraud and debt defense cases across Montana, and our attorneys travel to Bozeman for hearings and trial in justice court, district court or federal court in Butte. We do not have a Bozeman office. Because many of these statutes allow fee awards, a claim can make sense even when the dollar amount is modest.
The Boland Aarab Way
- We fight back when clients are sued, as in the Cascade County debt defense result above.
- Federal court experience. More than 40 cases in the U.S. District Court for the District of Montana over nine years, where FDCPA, FCRA and EFTA claims are often litigated.
- Trial-ready. Our attorneys have spent more than 4,000 hours in the courtroom.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Samir Aarab is a Public Justice member.
We also handle data breach cases in Bozeman and insurance bad faith cases in Bozeman. See our Bozeman personal injury page for more.
Frequently Asked Questions
I was served with a debt lawsuit from Gallatin County Justice Court. What should I do? Respond by the deadline in the summons and have a lawyer review the claim. Many debt suits have defenses, and a collector that broke the law may owe you damages and fees.
A collector keeps calling me at work in Bozeman. Is that legal? Often not. The FDCPA limits contacts and bars harassment. You generally have one year from the violation to sue.
Someone drained my account through a payment app. Will my bank refund it? Often, if it was an unauthorized electronic transfer and you report promptly. Report in writing and within 60 days after the statement showing it was sent.
My father in Bozeman gave a caregiver power of attorney, and money is missing. What can we do? Report it to Adult Protective Services at 1-844-277-9300, protect the accounts, and talk with a lawyer. Misusing a power of attorney to take a vulnerable adult’s money is exploitation under Montana law.
The credit bureaus will not remove an account that is not mine. Can I sue? Yes, if a bureau or the company that furnished the information failed to reasonably investigate or correct it after your dispute. Dispute in writing with each bureau first and keep copies.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
