Section 425.010

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 425

Effective - 28 Aug 2011, 2 histories   

  425.010.  Definitions. — As used in sections 425.010 to 425.043, the following terms mean:

  (1)  "Debt adjuster", a person who provides or offers to provide debt relief services for a consideration;

  (2)  "Debt management plan" or "DMP", a written agreement or contract between a debt adjuster and a debtor whereby the debt adjuster, in return for payment by the debtor of no more than reasonable consideration, will provide debt relief services that contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency;

  (3)  "Debtor", an individual or individuals jointly and severally or jointly or severally indebted;

  (4)  "Debt relief services", any program or service represented, directly or by implication, to renegotiate, settle, or in any way alter the terms of payment or other terms of the debt between a debtor and one or more unsecured creditors or debt collectors, including, but not limited to, a reduction in the balance, interest rate, or fees owed by a person to an unsecured creditor or debt collector;

  (5)  "Debt settlement plan" or "DSP", a written agreement or contract between a debt adjuster and a debtor whereby the debt adjuster, in return for payment by the debtor of consideration, will provide debt relief services that contemplate that creditors will settle debts for less than the principal amount of the debt;

  (6)  "Reasonable consideration", a fee to cover the cost of administering a debt management plan, not to exceed:

  (a)  Fifty dollars for an initial or set-up fee or charge for establishing a DMP; and

  (b)  The greater of thirty-five dollars per month or eight percent of the amount distributed monthly to creditors under such DMP.

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(L. 1963 p. 646 § 1, A.L. 2007 H.B. 329, A.L. 2011 H.B. 661)