If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Montana Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Montana's Statutes Of Limitations. Montana phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Montana Fair Debt Collection Consumer Practices Guide summarizes Montana's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Montana Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Montana’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Montana Debt Exemption Law!

Montana Statutes

The state of Montana has opted out of federal bankruptcy exemptions-Montana Code Annotated § 31-2-106.

Wages: Montana Code Annotated 25-13-601, -610, .614.

Homestead: Montana Code Annotated 70-32-101 through -107, -20Z .216.

Tangible personal property: Montana Code Annotated 25-13.608, -609, .613, 35.15.404.

Benefits, retirement plans, insurance, judgments, and other intangibles: Montana Code Annotated 25-13-608, -609, -610, -613, 35-15.404.

Montana Debt Statutes of Limitation

Your debt may have expired under Montana’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Montana Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Montana Debt Statutes of Limitation

Written contract, obligation or liability: 8 years.

Contract, account or promise that is not based on a written instrument: 5 years.

Montana obligation on to provide a certain level of support for a spouse, child or indigent parent: 2 years.

Obligation or liability, other than a contract, account or promise not based on a written instrument: 3 years.

Relief on the grounds of fraud or mistake: 2 years.

NOTE: A written acknowledgement signed by the debtor or any payment on a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgment or decree of any U.S. court: 10 years. NOTE: Judgments rendered in a court not of record: 6 years.

Montana Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Montana’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Montana law.

Montana Wage Garnishment Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor or upon proof, by affidavit or otherwise, to the satisfaction of the judge that any person or corporation has property of such judgment debtor or is indebted to him in an amount exceeding $50, the judge may, by an order, require such person or corporation or any officer or member thereof to appear at a specified time and place before him or a referee appointed by him and answer concerning the same. Mont. Code Ann. _ 25-14-103.

If it appear that a person or corporation alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to him or denies the debt, the court or judge may authorize, by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt. The court or judge may, by order, forbid a transfer or other disposition of such interest or debt until an action can be commenced and prosecuted to judgment. Mont. Code Ann. _ 25-14-104.

The judge or referee may order any property of a judgment debtor, not exempt from execution, in the hands of such debtor or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment. Mont. Code Ann. _ 25-14-107.

Interest Rate at which Judgments Accrue The clerk must include in the judgment entered up by him any interest on the verdict or decision of the court, from the time it was rendered or made. Mont. Code Ann. _ 25-9-204. Interest is payable on judgments recovered in the courts of Montana at the rate of ten percent per annum and no greater rate. Such interest must not be compounded in any manner or form. Interest on a judgment involving a contractual obligation that specifies an interest rate must be paid at the rate specified in the contractual obligation. Mont. Code Ann. _ 25-9-205.

Montana (Debt Collector) Call Recording Law

Under Montana State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Montana is a two party consent state, meaning you need the permission of all parties that are on the call to record the conversation. Thus you DO need a debt collector’s permission before you can record your phone conversation with him (or her) in the state of Montana.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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