Statute of Limitations on Debt Collection in Montana

Edited by Hannah Locklear

If you have debt collectors pursuing you in Montana, it is important to attain a general understanding of the statute of limitations on debt collection within the state. Why? Because if the statute of limitations has lapsed on the debt allegedly owed, it means the debt collector is legally prohibited from taking you to court to try and collect on the debt.

Statute of limitations will vary depending on the type of debt owed

Montana, certain debts have various statutes of limitation, as follows:

Montana Statute of Limitations on Debt
Debt Type	Deadline in Years
Written	8
Oral	5
Open Accounts	5
Judgments	10

If a debt collector is acting outside the statute of limitations in Montana, you can have the lawsuit dismissed in almost all cases. Note that the statute of limitations clock starts when you last made a transaction on an account, such as using it for a purchase or making a payment.

Make the right defense with SoloSuit and win your case.

Legal actions in Montana

Creditors can pursue any debts that are owed to them. They are allowed to contact you by phone, email, fax, and telegram. However, there are several laws at both the state and federal levels that set forth how a debt collector can operate in a particular state and the types of collection techniques that may be used when attempting to contact consumers.

Improper debt collection tactics in Montana

Below are things that debt collectors cannot do in Montana when they are still acting within the statute of limitations:

• They cannot call you or contact you in any way when you have asked them to stop. They also cannot call when they have been told to not contact you at work.
• The debt collector cannot use intimidating or profane language to you or your friends and relatives about your debts.
• They cannot pretend to be law enforcement to get you to pay debts.
• Attempting to collect on fees and penalties well above the amount owed (i.e. basically padding their pockets for enhanced profit).

Don't let debt collectors push you around. Respond fast with SoloSuit.

Debt settlement rules

There are many local and federal laws in the US and the state of Montana that govern what companies can do and cannot do regarding debt settlement and negotiation. It can be hard for consumers to understand which companies are legitimate and which ones are scams. You can work with debt settlement companies or attorneys that can get you possibly lower interest rates, debt consolidation, or delayed payments. Some of the ways that these services can help you include:

• Avoiding the high fees that consume much of the money that you save for debt repayment
• Low rates of success in settling debts
• Failing to follow through, which can lead to them not reporting to credit agencies

Montana laws and the federal Fair Debt Collection Practices Act (FDCPA)

The FDCPA lays out what collection agencies can and cannot do across the US. They are not allowed to tell your employers about your debts. Nor can they try to collect fees that are more than what you owe. They also cannot call you before 8 am or after 9 pm.

If you can show that the debt collection company did any of the above, you may be able to file a counterclaim. If you succeed, you could get the debt collection firm to pay your legal fees and damages.

Other points on responding to debt collectors in Montana

As long as the debt collector is acting within the statute of limitations in Montana, they may eventually file a lawsuit against you. It's important to respond to the lawsuit and not ignore it. If you ignore it, the debt collector wins and they'll probably come after your wages and bank account.

The good news is there are things you can do to fight back. Once you have been served with a lawsuit, you cannot call the Montana debt collector to figure things out; everything needs to go through the court. Here are things you can do in your legal Answer to the lawsuit:

• Do not admit that you owe what they say you owe. Instead, you need to make the debt collector prove that you owe it. Make them prove that you're the person who owes the debt and that you owe the exact amount they claim.
• File the answer with your clerk of court, ideally in-person to ensure it's filed within the time limit.
• Get a stamped copy of your answer from the clerk of court.
• Mail it to the debtor with a return receipt.

Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.

Another way to attack the lawsuit is to question their legal standing to file a suit against you. This is where you can use debt collection practices against them. You see, most debts that aren't paid for a long time get sold to several collection agencies. They may not have all the paperwork they need to prove that you owe the debt and the exact amount.

The burden of proof is on the debt collection company, not on you. If you ask the creditor to produce the paperwork, they may not always be able to do so. If that is the case, the judge may dismiss the lawsuit.

For example, if the debt collector in Montana says you owe $14,000, you should request paperwork that you opened that account and that you owe that amount. The paperwork needs to show that you used the card and owe that much money.

Some debt collectors will simply give up on you when you make them produce paperwork that they don't have easy access to. The idea is to make them have to work hard to sue you. If they do, they may decide to go after easier prey. Make them spend financial resources on going after you, use every legal means at your disposal!

Now that you know more about the statute of limitations and other debt collection information in Montana, you should have a better idea of the next steps. Remember to always take action when a debt collector sues you because you can often come out on top.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; File a Motion to Satisfy Judgment Vermont Virginia Washington West Virginia Wisconsin Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? We're making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• RSIEH
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review