Missoula, MontanaMissoula Financial Fraud
Missoula Financial Fraud Lawyers: Bank Fraud, Unfair Debt Collection, Debt Lawsuits and Credit Reporting Errors in Missoula County
Boland Aarab PLLP.
If a bank, lender, debt collector or credit bureau has taken your money, sued you in Missoula 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.
Key Takeaways
- Report an unauthorized debit or electronic transfer within 60 days after your statement is sent (15 U.S.C. § 1693g).
- A debt collector that violates the Fair Debt Collection Practices Act is liable for actual damages, up to $1,000 in additional damages and attorney fees; suit must be filed within one year (15 U.S.C. § 1692k).
- Many Missoula debt lawsuits are filed in Missoula County Justice Court, which hears civil claims of up to $15,000 (§ 3-10-301, MCA). A summons from that court has a short response deadline.
Harmed by a bank, lender or debt collector in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What happens if you are sued over a debt in Missoula?
Most people first learn of a debt lawsuit when they are served with papers. Do not ignore them. If you do not respond by the deadline stated in the summons, the court can enter a default judgment, which can lead to garnishment of wages or bank accounts.
Which court. Smaller debt claims, those of $15,000 or less, are commonly filed in Missoula County Justice Court, which has two elected justices of the peace (Missoula County Justice Court). Larger claims go to the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). A separate suit against a collector, bank or credit bureau under federal law may be filed in the Missoula Division of the U.S. District Court at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula).
Defenses and counterclaims. Debt buyers and collectors sometimes cannot prove they own the debt, seek interest and fees the contract never allowed, or sue on debts that were paid, discharged in bankruptcy or never yours. Filing a lawsuit does not exempt a collector from the FDCPA: the U.S. Supreme Court has held that the 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 misstates the amount owed or sues for charges it has no right to collect may owe you damages and fees.
We have turned a debt lawsuit around. In a Cascade County case, our clients came to us as defendants, sued over a debt. 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 kinds of financial harm do Missoula residents bring to us?
- Unauthorized transactions and account takeovers. Debit card, online banking and app-based transfers are covered by the Electronic Fund Transfer Act. Your losses are limited if you report quickly, and the bank must investigate, generally within 10 business days, or 45 days if it provisionally recredits your account (15 U.S.C. § 1693f).
- Collection harassment. Repeated calls, threats, calls to your workplace and false statements about what you owe are prohibited (15 U.S.C. §§ 1692d-1692f). If you dispute a debt in writing within the validation period, the collector must stop until it verifies it (§ 1692g).
- Credit reporting errors and identity theft. Missoula’s university and rental markets mean many young adults, frequent movers and first-time borrowers, who are easy targets for mixed files and fraudulent accounts. Credit bureaus must reasonably reinvestigate disputes, 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 and bank misconduct, including hidden terms, misrepresented costs and banks that ignore fraud reports. Montana’s Consumer Protection Act makes unfair or deceptive acts in trade or commerce unlawful (§ 30-14-103, MCA).
- Elder financial exploitation, through deception, undue influence or misuse of a power of attorney, of someone 60 or older or otherwise vulnerable (§ 52-3-803, MCA).
What should you do in Missoula if an older parent is being exploited?
Protect the accounts first: call the bank or credit union, ask about freezes and changes of access, and gather statements. Suspected exploitation can be reported to Adult Protective Services under the Montana Vulnerable Adult Prevention of Abuse Act (§ 52-3-811, MCA). Locally, Missoula Aging Services, the area agency on aging at 337 Stephens Avenue, houses the long-term care ombudsman program and can point families to resources (Missoula Aging Services). If the person who took the money is a family member or caregiver, a civil claim may help recover it, and sometimes a claim may lie against a bank or advisor that processed transactions it had reason to question.
Montana law that applies
- Consumer Protection Act remedies: actual damages or $500, whichever is greater; up to three times actual damages if they do not exceed $100,000; no punitive damages under that section; individual actions only, which may also be brought in justice’s court; and a two-way attorney-fee rule (§ 30-14-133, MCA).
- Credit reporting remedies: actual damages and fees for negligent violations, and statutory and punitive damages for willful ones (15 U.S.C. § 1681n).
- Deadlines: EFTA and FDCPA suits within 1 year of the violation; FCRA within 2 years of discovery or 5 years of the violation, whichever is earlier (§ 1681p); Consumer Protection Act claims within 2 years (§ 27-2-211, MCA); fraud within 2 years of discovery (§ 27-2-203, MCA).
For more, see our Montana financial fraud lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle bank, debt collection and credit reporting cases across Montana. Much of this work is done with statements, letters, credit reports and court filings, so we can begin without you needing to travel. Our attorneys travel to Missoula for hearings and trial.
The Boland Aarab Way
- We fight back when our clients are sued. In the Cascade County debt case described above, the company dropped its claim, forgave the debt and paid our clients $27,000.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. Our firm has tried more than a dozen jury trials, and 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 member of Public Justice.
We also handle Missoula data breach and Missoula nursing home abuse cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was served with a debt lawsuit from Missoula County Justice Court. What should I do? Respond by the deadline in the summons and have a lawyer review the claim right away. Many debt suits have defenses, and a collector that broke the law may owe you damages.
Someone drained my Missoula bank account through online transfers. Will I get it back? Often, if you report promptly and in writing. Your liability depends on how quickly you report, and you must report within 60 days after the statement showing the transfer was sent.
Can I sue a debt collector for harassment? Yes, under the federal FDCPA, for actual damages, up to $1,000 in additional damages and attorney fees, within one year of the violation.
My credit report shows accounts I never opened. What now? File an identity theft report, dispute the accounts with each credit bureau in writing, and ask them to block the information. Keep copies of everything.
Who can help if an elderly parent in Missoula is being financially exploited? Report it to Adult Protective Services, contact the bank, and talk with a lawyer about recovering the money. Missoula Aging Services can also point families to local resources.
Talk to a Missoula 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.
