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Session Laws, 2003
Volume 799, Page 2677   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 375

(1) (I) THE LICENSEE HAS PROVIDED PROVIDES THE CONSUMER
WITH A CONSUMER EDUCATION PROGRAM;

(2) (II) THE LICENSEE, THROUGH A DEBT MANAGEMENT SERVICES
COUNSELOR CERTIFIED BY AN INDEPENDENT ORGANIZATION, HAS:

(I) 1. PREPARED A FINANCIAL ANALYSIS OF AND AN INITIAL
BUDGET PLAN FOR THE CONSUMER'S DEBT OBLIGATIONS; AND

(II) 2. PROVIDED A COPY OF THE FINANCIAL ANALYSIS AND THE
INITIAL BUDGET PLAN TO THE CONSUMER; AND

(III) 3. PROVIDED TO THE CONSUMER FOR ALL CREDITORS
IDENTIFIED BY THE CONSUMER A LIST OF:

1. A. THE CREDITORS THAT WILL THE LICENSEE
REASONABLY EXPECTS TO
PARTICIPATE IN THE MANAGEMENT OF THE CONSUMER'S
DEBT UNDER THE DEBT MANAGEMENT SERVICES AGREEMENT; AND

2. B. THE CREDITORS THAT WILL THE LICENSEE
REASONABLY EXPECTS
NOT TO PARTICIPATE IN THE MANAGEMENT OF THE
CONSUMER'S DEBT UNDER THE DEBT MANAGEMENT SERVICES AGREEMENT;

(3) (III) THE LICENSEE AND THE CONSUMER HAVE EXECUTED A DEBT
MANAGEMENT SERVICES AGREEMENT THAT DESCRIBES THE DEBT MANAGEMENT
SERVICES TO BE PROVIDED BY THE LICENSEE TO THE CONSUMER;

(4) (IV) THE LICENSEE HAS ESTABLISHED AN AGREEMENT, WITH A
REASONABLE EXPECTATION BASED ON THE LICENSEE'S PAST EXPERIENCE THAT
EACH CREDITOR OF THE CONSUMER THAT IS LISTED AS A PARTICIPATING CREDITOR
IN THE CONSUMER'S FINAL DEBT MANAGEMENT SERVICES AGREEMENT, FOR THE
WILL ACCEPT PAYMENT OF THE CONSUMER'S DEBTS OWED TO THE CREDITOR AS
PROVIDED IN THE CONSUMER'S FINAL DEBT MANAGEMENT SERVICES AGREEMENT;
AND

(5) (V) A COPY OF THE COMPLETED FINAL COMPLETED DEBT
MANAGEMENT SERVICES AGREEMENT HAS BEEN PROVIDED TO THE CONSUMER

(2) (I) A LICENSEE MAY PROVIDE TO A CONSUMER THE MATERIALS
REQUIRED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION USING THE INTERNET IF:

1. A DEBT MANAGEMENT COUNSELOR OF THE LICENSEE
HAS REVIEWED AND APPROVED THE COMPUTER PROGRAM OR APPLICATION USED
TO CREATE THE FINANCIAL ANALYSIS AND INITIAL BUDGET PLAN; AND

2. THE CONSUMER IS:

A. ADVISED OF THE AVAILABILITY OF COUNSELING; AND

B. AFFORDED THE OPPORTUNITY FOR COUNSELING AND
FOR DISCUSSION OF THE FINANCIAL ANALYSIS AND INITIAL BUDGET PLAN WITH A
DEBT MANAGEMENT COUNSELOR AT ANY TIME.

- 2677 -

 

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Session Laws, 2003
Volume 799, Page 2677   View pdf image
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