Kalispell, MontanaKalispell Financial Fraud
Kalispell Financial Fraud Lawyers: Bank Fraud, Debt Lawsuits, Unfair Debt Collection, Credit Report 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 don’t owe, or damaged your credit, federal and Montana law may give you a claim. In many cases you can also recover your attorney fees. If you’ve been sued in Flathead County, the deadline to respond may be only weeks away. Other deadlines are measured in days. Act now.
Harmed by a bank, lender or debt collector, or sued over a debt? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What financial problems bring Flathead Valley residents to us?
- Debt lawsuits. Collection companies and debt buyers file suits against valley residents in Flathead County’s courts over old credit cards, medical bills and personal loans. Many people don’t respond, and a default judgment follows, sometimes on a debt the company can’t prove it owns.
- Unauthorized transactions and account takeovers. Debit-card fraud, hacked online banking and payment-app scams hit people everywhere. The first call to the bank, and the dates, decide much of what can be recovered.
- Real estate and closing fraud. The Flathead’s property market attracts wire-fraud schemes. Fake “closing instructions” by email redirect down payments and sale proceeds. Wire transfers follow different rules than debit-card transfers, so the right claim depends on how the money moved.
- Deceptive lending. Loans with hidden terms, misstated costs or pressure tactics, including refinancing and home-equity products marketed to homeowners and retirees.
- Credit reporting errors. Accounts that aren’t yours, debts reported as unpaid after they were paid, and mixed-up files that cost people a mortgage or apartment in a tight housing market.
- Elder financial exploitation. Older residents are targeted by scams, by caregivers, and sometimes by relatives holding a power of attorney. Warning signs are easy to miss when family members live far away.
What happens after a financial fraud or debt lawsuit in Kalispell?
If you’ve been sued over a debt. Read the summons for the court and the response deadline. Debt suits in Flathead County are usually filed either in Flathead County Justice Court, Suite 210 of the Flathead County Justice Center at 920 South Main Street, or in the Eleventh Judicial District Court in the same building. The two courts have different rules and deadlines. The Self-Help Law Center at the Justice Center has forms and information. But a debt suit often has defenses, and sometimes counterclaims, that a lawyer should review before you answer. If you don’t respond, the court can enter a default judgment, which can lead to garnishment.
If money was taken from your account. Report it to your bank or credit union in writing right away, and keep a copy. Then report it to law enforcement: the Kalispell Police Department inside city limits, or the Flathead County Sheriff’s Office elsewhere. Complaints to the Consumer Financial Protection Bureau or Montana’s Office of Consumer Protection create a record, but they don’t replace a claim.
If an older family member is being exploited. Report suspected exploitation to Montana Adult Protective Services. The Flathead County Agency on Aging, at 40 11th Street West in Kalispell, can help connect families with local resources. Protect the accounts. Then talk with a lawyer about recovering what was taken and about whether a bank or advisor ignored obvious red flags.
Where the case is heard. Consumer claims can be filed in Flathead County’s courts. Claims under the federal debt collection, credit reporting and electronic transfer laws are often filed in, or removed to, the U.S. District Court’s Missoula Division.
Montana and federal law that applies
In brief; see our Montana bank and financial fraud lawyer page for the full treatment.
- Unauthorized electronic transfers. Report within 60 days after the statement is sent. Your liability can be as low as $50 if you report within 2 business days (15 U.S.C. § 1693g). The bank generally has 10 business days to investigate, or up to 45 days if it provisionally recredits your account (§ 1693f).
- Unfair debt collection. The FDCPA bars harassment, false statements and collecting amounts not owed. Violators owe actual damages, up to $1,000 in additional damages and attorney fees. Suit must be filed within 1 year (15 U.S.C. § 1692k). The Act applies to lawyers who regularly collect consumer debts, even through litigation (Heintz v. Jenkins, 514 U.S. 291 (1995)).
- Credit reports. Credit bureaus must reasonably reinvestigate disputes, generally within 30 days (15 U.S.C. § 1681i). Willful violations can bring statutory and punitive damages (§ 1681n).
- Montana Consumer Protection Act. Unfair or deceptive acts in trade or commerce are unlawful (§ 30-14-103, MCA). A consumer may recover actual damages or $500, whichever is greater, and up to three times actual damages when those do not exceed $100,000. The Act allows individual actions only, and the fee rule runs both ways (§ 30-14-133, MCA).
- 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 the person’s money or property (§ 52-3-803, MCA).
- Deadlines. 1 year for FDCPA and EFTA suits. For FCRA, the earlier of 2 years from discovery or 5 years from the violation (§ 1681p). 2 years for Consumer Protection Act claims (§ 27-2-211, MCA), and 2 years from discovery for fraud (§ 27-2-203, MCA).
Why hire a Great Falls firm for a Kalispell case?
Banks and collection companies count on consumers giving up. We are based in Great Falls, handle these cases across Montana, and travel to Kalispell and Missoula for hearings and trial. We do not have a Kalispell 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. FDCPA, FCRA and EFTA claims are often litigated there. We have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom.
- We are part of the trial bar. AAJ and MTLA members. Samir Aarab is also a member of Public Justice.
We also handle insurance bad faith cases in Kalispell and data breach cases in Kalispell. See our Kalispell 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 Flathead County Justice Court. What should I do? Don’t ignore it. Note the response deadline in the summons and have a lawyer review the claim. The company may not be able to prove the debt, and it may owe you damages if it broke the law.
Someone emptied my account through a hacked banking app. Will my Kalispell bank refund it? Often, if you report promptly and in writing. Your liability depends on how fast you report, and you must report within 60 days after the statement showing the transfer was sent.
Our down payment was wired to a scammer before closing on a Flathead property. Is there any recovery? Possibly, depending on how the money moved and who handled the instructions. Wire transfers follow different rules than debit transfers. Contact your bank immediately and talk with a lawyer quickly.
I think my elderly mother in Whitefish is being exploited. What can we do? Report it to Adult Protective Services, protect the accounts, and talk with a lawyer about recovering what was taken. Exploitation includes misuse of a power of attorney.
A collection account on my credit report isn’t mine. Can I sue? First dispute it in writing with each credit bureau. If the bureau or the company that reported it fails to investigate and correct it, you may have a Fair Credit Reporting Act claim.
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.
