Indiana Code
Chapter 29. Debt Management Companies
28-1-29-0.5. Inapplicability; Attorneys; Depository Financial Institutions; Third-Party Bill Paying Services

Sec. 0.5. (a) This chapter does not apply to:
(1) an attorney at law authorized to practice in Indiana; or
(2) persons under the supervision and control of an attorney at law authorized to practice in Indiana;
to the extent the attorney's debt management services are incidental to the attorney's practice of law.
(b) This chapter does not apply to a depository financial institution (as defined in IC 28-1-1-6).
(c) This chapter does not apply to a third-party bill paying service with which the customer contracts solely for the customer's convenience of paying routine bills, in an arrangement in which the customer retains full control over all funds deposited. The types of payments made by a bill paying service are exempt from this chapter as long as the company's actions are not an attempt, as determined by the director, to circumvent limitations under this chapter.
As added by P.L.35-2010, SEC.118. Amended by P.L.216-2013, SEC.19.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 1. Department of Financial Institutions

Chapter 29. Debt Management Companies

28-1-29-0.5. Inapplicability; Attorneys; Depository Financial Institutions; Third-Party Bill Paying Services

28-1-29-1. Definitions

28-1-29-2. Administration of Chapter

28-1-29-3. License Required; Persons Operating in Indiana; Evidence of Compliance; Fees; Violations; Renewal; Tax Warrant List

28-1-29-3.1. Change in Control of Licensee; Application to Department; Time Frame for Department's Decision; Conditions for Approval; Duty of Licensee to Report Transfer of Securities; Director's Discretion to Require New License

28-1-29-4. Suspension or Revocation of License; Order to Show Cause; Order of Suspension or Revocation; Relinquishment of License; Existing Contracts; Emergency Order for Revocation

28-1-29-4.1. Failure to File Renewal Application or Pay Renewal Fee; Revocation or Suspension of License

28-1-29-4.5. Collection Agencies or Process Servers; Licenses; Restriction

28-1-29-4.6. Repealed

28-1-29-5. License Application; Findings by the Department; Felonies; Financial Statements; Denial; Hearing

28-1-29-5.5. Use of Nmlsr in Department's Licensing System; Reporting of Information to Nmlsr; Confidentiality; Director's Authority to Enter Agreements; Waiver of Privilege; Processing Fee; Electronic Records

28-1-29-6. Surety Bond; Requirements; Amount; Renewal; Termination; Liability; Notices

28-1-29-7. Repealed

28-1-29-7.5. Felonies; Civil Actions; Enforcement Actions; Notice to Department

28-1-29-7.7. Budget Analysis and Plan; Written Statement to Debtor; Creditor's Reduction of Amount Owed; Disclosure of Tax Implications

28-1-29-8. Agreement Between Licensee and Debtor; Contents; Delivery of Electronic Record; Debtor's Right to Terminate; Creditor's Decision to Reject or Withdraw From Plan; Notice to Creditors; Payments; Budget Analysis; Term of Agreement; Carrying o...

28-1-29-8.3. Fees and Charges; Plan, Written Agreement, and Payment to Creditor Required; Set Up Fee; Monthly Service Fee; Close-Out Fee; Department Approval for Additional Charges; Returned Payment Charge; Fees Not Considered Debt

28-1-29-8.6. Repealed

28-1-29-8.8. Debtor's Failure to Make Payment; Cancellation of Agreement; Letter of Continuation; Return of Money to Contract Debtor

28-1-29-9. Trust Account; Separate Account for Indiana Contract Debtors Required; Commingling With Funds of Nonresidents With Approval of Director; Requirements and Restrictions; Required Balance; Reconciliation Procedures; Embezzlement; Relocating A...

28-1-29-9.5. Prohibited Acts; Unauthorized Practice of Law; Compensation Prohibited

28-1-29-9.7. Advertising

28-1-29-10. Repealed

28-1-29-10.5. Record Keeping and Retention; Examinations and Investigations; Payment of Costs; Court Order Compelling Compliance; Confidentiality; Department's Investigatory and Enforcement Authority; Cooperative Regulatory Agreements; Examination of...

28-1-29-11. Impounding Books, Records, and Accounts

28-1-29-12. Repealed

28-1-29-13. Enforcement by the Department; Civil Penalties; Department's Recovery of Costs; Factors for Determining Amount of Civil Penalty; Violation a Class a Misdemeanor

28-1-29-14. Review of Department Decisions; Applicability of Laws Governing Administrative Orders and Procedures; Venue

28-1-29-15. Providing Materials and Agreements Electronically; Consumer's Consent Required; Disclosures Through Internet Web Site; Debtor's Right to Request Written Copy

28-1-29-16. Disclosures and Documents to Be in English; Translation Required if Another Language Used

28-1-29-17. Soliciting or Accepting Contributions From Debtors Prohibited

28-1-29-18. Delegation of Duties; Liability of Licensee; Violations by Lead Generators