Butte, MontanaButte Financial Fraud
Butte Financial Fraud Lawyers: Bank Fraud, Debt Collection Lawsuits, Credit Report Errors and Elder Financial Exploitation in Butte-Silver Bow
Boland Aarab PLLP.
If a bank, lender, debt collector or credit bureau has taken your money, sued you in Butte 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. If you have been served with a debt lawsuit in Butte-Silver Bow, do not ignore it: the response deadline in the summons is short, and a default can lead to garnishment.
Sued over a debt, or harmed by a bank or collector in Butte? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do debt and financial disputes land in Butte?
Justice Court. Many smaller debt collection suits in Butte are filed in the Butte-Silver Bow Justice Court, whose civil and small claims divisions are in the Silver Bow County Courthouse, 155 West Granite Street, Room 305 (Butte-Silver Bow Justice Courts). Justice court moves quickly, and people often appear without a lawyer. The papers you receive will state how long you have to respond.
District Court. Larger claims, and many consumer counterclaims, go to the Second Judicial District Court, Silver Bow County (§ 3-5-101(2), MCA), in the same courthouse.
Federal court. Claims under the federal Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Electronic Fund Transfer Act can be filed in the U.S. District Court, Butte Division, at the Mike Mansfield Federal Courthouse, 400 North Main Street (mtd.uscourts.gov). National banks, collection agencies and credit bureaus often prefer to be there.
State agencies. Complaints about unfair or deceptive business practices can go to the Montana Department of Justice’s Office of Consumer Protection, (406) 444-4500 or (800) 481-6896 (Montana DOJ). Complaints about state-chartered banks and licensed lenders can go to the Montana Division of Banking and Financial Institutions in Helena. A complaint is not a lawsuit, and it does not stop any deadline.
What happens if you are sued over a debt in Butte?
- Read the summons and calendar the response date. If you do not respond, the court can enter a default judgment.
- Gather everything: the original agreement, statements, payment records, letters and voicemails from the collector.
- Ask the key questions. Does the company suing you own the debt, and can it prove it? Is the amount inflated with interest or fees the contract never allowed? Was the debt paid, discharged in bankruptcy, or never yours?
- Look for counterclaims. A collector that misstates the amount owed or sues for charges it has no right to collect may owe you damages. The FDCPA applies to lawyers who regularly collect consumer debts, “even when that activity consists of litigation” (Heintz v. Jenkins, 514 U.S. 291 (1995)).
We have turned a debt lawsuit around. In a Cascade County case, our clients came to us as defendants, sued over a debt. 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. See our results.
What if an older parent in Butte is being financially exploited?
Act quickly: report it, protect the accounts, and talk to a lawyer about recovering what was taken.
Montana law defines exploitation of a vulnerable adult, which includes anyone 60 or older, as the unreasonable use of that person, or of a power of attorney, guardianship or conservatorship, to obtain or divert the person’s money or property through deception, fraud, undue influence or intimidation (§ 52-3-803, MCA). Suspected exploitation can be reported to Montana Adult Protective Services at 1-844-277-9300, and a crime in progress to the Butte-Silver Bow Law Enforcement Department.
Exploitation often surfaces when a family member reviews a parent’s bank statements after a move into assisted living or a nursing facility, or after a death. Changes to accounts, powers of attorney, deeds and beneficiary designations can be traced, and a guardianship or conservatorship, or a probate estate, may be opened through the Second Judicial District Court. Civil claims may lie against the person who took the money and, in some cases, against a bank or advisor that processed transactions it had reason to question.
Montana law that applies
Briefly. Our Montana bank and financial fraud lawyer page covers these laws in more depth.
- Unauthorized transfers: report an unauthorized debit or electronic transfer to your bank in writing within 60 days after the statement is sent, or you risk losing protection for later losses (15 U.S.C. § 1693g).
- Debt collectors (FDCPA): harassment, false statements and collecting amounts not owed are prohibited; a violator is liable for actual damages, up to $1,000 in additional damages and attorney fees, but suit must be filed within one year of the violation (15 U.S.C. § 1692k).
- Credit reports (FCRA): a credit bureau must reinvestigate a dispute, generally within 30 days (15 U.S.C. § 1681i); suit must be filed within the earlier of 2 years after discovery or 5 years after the violation (§ 1681p).
- Montana Consumer Protection Act: unfair or deceptive acts in trade or commerce are unlawful (§ 30-14-103, MCA). A consumer may bring an individual action for actual loss or $500, whichever is greater, and the court may award up to three times actual damages when they do not exceed $100,000, plus limited attorney fees to the prevailing party (§ 30-14-133, MCA). An individual claim may also be brought in justice court.
Why hire a Great Falls firm for a Butte case?
Because banks and collection companies count on consumers giving up, and the deadlines, some only a year, run while people hope the problem goes away. We are based in Great Falls and handle cases statewide. Much of this work is done on documents and can start the day you call, and our attorneys travel to Butte for hearings, depositions and trial in Justice Court, District Court or the federal Butte Division. We do not have a Butte office, and our jury trials have been in Cascade, Phillips, Meagher and Yellowstone Counties.
The Boland Aarab Way
- We fight back when our clients are sued, as in the Cascade County debt defense described above.
- We know federal court, where FDCPA, FCRA and EFTA claims are often heard: more than 40 District of Montana cases over nine years.
- We try cases: more than a dozen jury trials and more than 4,000 hours in the courtroom.
- You work with the lawyers, Caitlin Boland Aarab and Samir Aarab. Samir Aarab is a member of Public Justice.
We also handle nursing home abuse cases in Butte and data breach cases in Butte. See our Butte personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was served with a debt lawsuit from Butte-Silver Bow 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.
A collector keeps calling me at work in Butte. Can I sue? Possibly, under the federal FDCPA, for actual damages, up to $1,000 in additional damages and attorney fees, within one year of the violation.
Money was taken from my bank account without permission. Will my bank refund it? Often, if you report promptly and in writing. Report within 60 days after the statement showing the transfer was sent.
My credit report shows accounts that are not mine. What can I do? Dispute them in writing with each credit bureau and file an identity theft report. A bureau that fails to reasonably reinvestigate may be liable under the FCRA.
I think someone is taking money from my elderly parent in Butte. Who do I call? Montana Adult Protective Services at 1-844-277-9300, and law enforcement if a crime is in progress. Then talk to a lawyer about protecting the accounts and recovering what was taken.
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.
