13-11-21. Fees.
229 words·~1 min read·
/nd/title-13/chapter-13-11-debt-settlement-providers/13-11-21·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A debt-settlement provider may not charge fees of any type or receive compensation
from a consumer in a type, amount, or timing other than fees or compensation
permitted in this section.
2. A debt-settlement provider may not charge or receive from a consumer any enrollment
fee, setup fee, upfront fee of any kind, or any maintenance fee.
3. A debt-settlement provider may charge a settlement fee that may not exceed an
amount greater than thirty percent of the savings. If the amount paid by the
debt-settlement provider to the creditor or negotiated by the debt-settlement provider
and paid by the consumer to the creditor pursuant to a settlement negotiated by the
debt-settlement provider on behalf of the consumer as full and complete satisfaction of
the creditor's claim with regard to that debt is greater than the principal amount of the
debt, the debt-settlement provider is not entitled to any settlement fee.
4. A debt-settlement provider may not collect any settlement fee from a consumer until a
creditor enters into a legally enforceable agreement to accept funds in a specific dollar
amount as full and complete satisfaction of the creditor's claim with regard to that debt
and those funds are provided by the debt-settlement provider on behalf of the
consumer or are provided directly by the consumer to the creditor pursuant to a
settlement negotiated by the debt-settlement provider.