Looking to sue BMO, including subsidiaries BMO Harris and Bank of the West? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like BMO. And we’ve helped get millions of dollars in settlement offers…
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Tired of hitting dead ends when trying to get a refund from BMO? Feeling like there’s nowhere to turn?
You’re not alone. It seems like many people have tried all the BMO customer service options, but still feel unheard.
There are different ways to file a complaint against BMO, but none have the same power and leverage as taking legal action.
So, if you’re thinking of suing BMO, where do you even start? You might expect there to be tons of class action lawsuits against them, but it’s often more complicated than that.
What many people don’t know is that hidden clauses buried deep within their contracts frequently allow companies like BMO to push legal claims into the private realm of consumer arbitration, away from conventional courts.
But here’s the thing: your BMO contract doesn’t have the power to take away your right to pursue legal action by suing them.
Here’s what you can do…
To find out if you can take BMO to arbitration, you can check your contract or user agreement with them. Many companies’ standard contract are available on their websites. You can do a search for “arbitration” arbitration within the contract text — it is usually mentioned near the very top of a contract.
Learn more about the consumer arbitration process here.
Taking BMO to Small Claims Court will typically involve appearing in person and completing necessary forms.
If you’re ready to sue BMO in Small Claims Court, read on below:
Ready to sue BMO Harris in small claims court? Small claims courts are only for certain types of claims, so your first step is to make sure your claim can be filed. Pay attention to two things:
In most states it’s either $5000 or $10,000, but it can be as low as $2,500. You can find a list of all 50 states’ monetary limits here.If your claim doesn’t fall within the limits of your state’s small claims court, you’ll have to arbitrate your claim instead.
Before you head off and sue BMO Harris, most small claims
courts require that you ask the person you’re suing (the “defendant”) to fix your problem voluntarily. So if you want to sue BMO Harris in small claims court, you need to send them a demand letter first.
This is a simple, straightforward letter that needs to only be a few sentences or so explaining who you are (your name, address, phone number and account number), what the problem is, and what you want from them. The purpose is to give them the opportunity to fix things before going to court.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address.
According to our most recent research, BMO’s US operation is legally based in Delaware and receives mail at this address. (Check your contract to confirm if this is the right address for legal notices):
BMO Financial Corp.
C/O THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here.
If they don’t respond, then you move on and 
sue BMO Harris in small claims court. This starts with some paper work.
Each state has a set of forms that need to be filled out to file a claim, and sometimes counties will provide additional forms. You can find the correct forms for your location for free on your state court’s website.
Make sure you fill out enough forms – most states that require you to file forms by mail or in-person will ask for 3 or 4 copies. Without the right number, they won’t let you sue BMO Harris.
Once the papers are filled out, you “file” which means giving the forms to the court.
Most small claims courts will
require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (for a few courts) online in order to sue BMO Harris.
All courts will require you to pay a filing fee before they allow your to sue BMO Harris in small claims.
Once that is done, the clerk will give you back stamped copies and a court date. Hang on to both; you’ll need them for the next steps.
Trying to sue BMO Harris is a long process and the next step is even longer. 
Now that you’ve filed the papers required to start your case against BMO Harris, you need to tell BMO Harris that it’s been sued. This is a called “serving” BMO Harris.
One of those stamped copies is for BMO Harris and you have to deliver it to them following the specific rules of your court. Look at your court’s website for instructions on how to properly deliver your forms to BMO Harris, or search for “[your state] small claims service of process”. Your claim will be dropped if you do not follow them perfectly.
When the court
clerk gives you a court date (after you file your forms), make sure to put it on your calendar.
Make sure you know which courthouse to go to. Bring your copy of your filed forms, and any other evidence to show the judge why you were justified in trying to sue BMO Harris.
Sometimes, BMO Harris will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
Ready to sue BMO Harris in small claims court?
If this sounds too hard and expensive, try consumer arbitration instead…
Get justice when a business lets you down:
FairShake’s Ultimate Guide to Consumer Complaints
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