§ 37-7-108 — Requirements for engaging in credit counseling services or debt management plans; preparation and contents of budget analysis; notice regarding services.

A credit counseling organization, through its credit counselors, may not engage in credit counseling services or a debt management plan unless: (1) the licensee provides the consumer with a credit education program designed to improve the financial literacy of the consumer; (2) a thorough and written budget analysis is compiled and a copy delivered to the debtor. A licensee may not accept an account unless a written and thorough budget analysis indicates that the services are suitable for the debtor and that the debtor can reasonably meet the requirements of the budget analysis. The budget analysis must contain all of the following information about the debtor: (a) name and address; (b) marital status and number of dependents; (c) amount and source of all employment compensation, payments from government programs, child support and alimony payments, and other income; (d) number of exemptions claimed in the debtor's most recent federal income tax return; (e) gross income for each pay period, type and amount of all payroll deductions, and net income for pay period; (f) monthly home mortgage or rental payment. If the home mortgage payment does not include an escrow for real estate taxes, the budget analysis must contain the amount and due dates of the real estate taxes on the property; (g) type and amount of all other fixed periodic payments; (h) type and amount of food, clothing, utility, vehicle, insurance, and all other living expenses; (i) a list of each creditor the licensee reasonably expects to participate in the plan and a list of each creditor the licensee reasonably expects not to participate in the plan; (j) a list of DMPs the debtor is currently participating in with a party exempt pursuant to Section 37-7-101(2)(b), if applicable; (k) if the debtor is currently participating in a debt management plan with a party exempted pursuant to Section 37-7-101(2)(b), written documentation of all the DMPs; (l) a description of and amount owed for garnishments and judgments; and (m) periodic amount available for payment toward a debt management plan; (3) the organization provides a written document to the consumer in a form the consumer may keep that clearly and conspicuously contains the following statements and nothing else: (a) that credit counseling services are not suitable for all consumers and that consumers may request information about other ways, including bankruptcy, to deal with indebtedness; and (b) that the credit counseling services offered by the provider do not include secured debt, including a brief description of the most common type of secured debt such as mortgages and car loans, unless that service is offered.

Legislative History

HISTORY: 2005 Act No. 111, SECTION 1, eff 6 month after approval by the Governor (became law without the Governor's signature on June 2, 2005).