AVANTA FEDERAL CREDIT UNION v. Shupak

¶1 Avanta Federal Credit Union (Avanta) brought suit in the Thirteenth Judicial District Court, Yellowstone County, against Steve Shupak to recover the money it provisionally provided to Shupak when he cashed a fraudulent check from a German scam artist. Avanta also sought enforcement of rights under contracts entered with Shupak, including repossession of Shupak’s vehicles to pay off the debt, repossession and recovery fees, attorney fees, and costs. Shupak raised the defense of equitable estoppel and counterclaimed, claiming negligent misrepresentation of the validity of the check to him,…