Helena Financial Fraud Lawyers

Helena, MontanaHelena Financial Fraud

Helena Financial Fraud Lawyers: Bank Fraud, Debt Collection Lawsuits, Credit Reporting Errors and Elder Financial Exploitation

Boland Aarab PLLP.

If a bank, lender, debt collector or credit bureau took your money, sued you over a debt you do not owe, or damaged your credit in Helena, federal law and Montana’s Consumer Protection Act may give you a claim, often with attorney fees. The state regulators and consumer offices are in Helena, but deadlines are short, some only 60 days.

Key Takeaways

• Report an unauthorized electronic transfer within 60 days after the statement is sent, or you risk losing protection for later losses (15 U.S.C. § 1693g).
• A debt collector that violates the FDCPA owes actual damages, up to $1,000 in additional damages and attorney fees, but suit must be filed within one year (15 U.S.C. § 1692k).
• Montana’s Consumer Protection Act makes unfair or deceptive acts in trade or commerce unlawful and allows actual damages or $500, whichever is greater, and up to triple damages (§§ 30-14-103, 30-14-133, MCA).

Harmed by a bank, lender or debt collector in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Which Helena offices matter in a financial fraud case?

Helena is where Montana regulates money. Knowing which office does what can help you build a record, although none of them can award you damages the way a lawsuit can.

Nationally chartered banks answer to federal regulators instead. A regulatory complaint can create a useful paper trail, but it does not stop a lawsuit against you or extend your deadlines.

What financial harms do we see in the Helena area?

• Account fraud and unauthorized transfers. Debit-card fraud, account takeovers and app-based transfers that a bank or credit union refuses to reverse. The institution generally has 10 business days to investigate, or up to 45 days if it provisionally recredits your account (15 U.S.C. § 1693f).
• Debt lawsuits. Collection suits are filed against Helena residents in Lewis and Clark County Justice Court and in the First Judicial District Court. Many are brought by debt buyers who cannot prove they own the debt or who add interest and fees the contract never allowed. 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)).
• Harassing or deceptive collection. Repeated calls, threats, false statements about what is owed, and ignoring a written dispute (15 U.S.C. §§ 1692d-1692g).
• Credit reporting errors and identity theft. A credit bureau must reasonably reinvestigate a dispute, generally within 30 days (15 U.S.C. § 1681i), and must block identity-theft information within 4 business days of receiving the required documents (§ 1681c-2).
• Deceptive lending. Hidden terms, misrepresented costs and pressure tactics on consumer loans.
• Elder financial exploitation. Older Helena residents with pensions, savings and paid-off homes can be targets of scams, pressure from caregivers and misuse of powers of attorney. Montana defines exploitation of a vulnerable adult, including anyone 60 or older, as the unreasonable use of the person, or of a power of attorney, conservatorship or guardianship, to obtain their money or property through deception, undue influence, fraud or intimidation (§ 52-3-803, MCA).

What happens after financial fraud or a debt lawsuit in Helena?

1. If you were sued, respond by the deadline in the summons. A missed deadline can lead to a default judgment and garnishment. The response period depends on the court.
2. Report unauthorized transfers in writing to your bank or credit union right away, and keep copies.
3. Dispute credit errors in writing with each credit bureau, not only with the bank, because some of a furnisher’s duties are triggered only by a bureau dispute (§ 1681s-2(b)).
4. Report suspected elder exploitation to Adult Protective Services, and protect the accounts.
5. Keep everything: letters, statements, voicemails, screenshots and court papers.
6. Know where the case goes. A debt suit against you may be in Justice Court or district court. Your own claims under the Consumer Protection Act may be brought individually, including in justice’s court (§ 30-14-133), or in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). FDCPA, FCRA and electronic-transfer claims are often filed in the federal Helena Division at the Paul G. Hatfield Federal Courthouse (D. Mont. L.R. 1.2).

Montana law that applies

In brief: the Consumer Protection Act allows individual actions, not class actions; up to three times actual damages in the court’s discretion when actual damages do not exceed $100,000; no punitive damages under that section; and prevailing-party attorney fees, which can run against a consumer who loses (§ 30-14-133). CPA claims generally must be brought within 2 years (§ 27-2-211, MCA), and fraud claims within 2 years of discovery (§ 27-2-203). Federal deadlines are shorter: 1 year for FDCPA and electronic-transfer lawsuits, and for FCRA the earlier of 2 years from discovery or 5 years from the violation (15 U.S.C. § 1681p). The statewide Montana financial fraud lawyer page explains each law in more depth.

Why hire a Great Falls firm for a Helena case?

Banks and collection companies count on consumers giving up, and they change their approach when the consumer’s lawyers are ready to try the case. We are based in Great Falls, handle cases statewide, and our attorneys come to Helena for hearings, depositions and trial in state and federal court. We do not have a Helena office.

The Boland Aarab Way

• We fight back when our clients are sued. In a Cascade County debt case, our clients came to us as defendants. The company dropped its claim, forgave the debt and paid our clients about four times what it first said it should pay: $27,000, with the debt erased. See our results.
• We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana, where FDCPA and FCRA claims are often heard.
• We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
• We are part of the public-interest bar. Samir Aarab is a member of Public Justice, and both attorneys belong to AAJ and MTLA.

We also handle data breach cases in Helena, nursing home abuse cases in Helena and other Helena cases.

Frequently Asked Questions

I was served with a debt lawsuit in Lewis and Clark 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.

Should I complain to the Division of Banking in Helena? You can, if a state-chartered bank, credit union or licensed lender is involved. A complaint builds a record, but it does not award damages or stop your deadlines.

My bank will not refund fraudulent transfers. What are my rights? If you reported within 60 days after the statement was sent, your liability is limited, and the bank must investigate within set time limits (15 U.S.C. §§ 1693f, 1693g).

Someone is draining my elderly parent’s accounts in Helena. What can we do? Report it to Adult Protective Services, protect the accounts, and talk to a lawyer about civil claims against the person who took the money and, in some cases, others who enabled it.

How long do I have to sue a debt collector in Montana? One year from the violation under the FDCPA (15 U.S.C. § 1692k(d)). Montana Consumer Protection Act claims generally have 2 years.

Talk to a Helena Financial Fraud Lawyer

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Sources: 15 U.S.C. § 1692d · § 1692k · 15 U.S.C. § 1681c-2 · § 1681i · § 1681p · § 1681s-2 · 15 U.S.C. § 1693f · § 1693g · § 30-14-103, MCA · § 30-14-133 · § 27-2-203 · § 27-2-211 · § 52-3-803 · § 52-3-811, MCA · Heintz v. Jenkins · Division of Banking and Financial Institutions · Commissioner of Securities and Insurance · D. Mont. L.R. 1.2

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.