Michigan Compiled Laws
Act 148 of 1975 - Debt Management Act (451.411 - 451.437)
Section 451.424 - Contract Between Licensee and Debtor; Requirements.

Sec. 14.
(1) A contract between a licensee and debtor shall include all of the following:
(a) Each creditor to which payments will be made and the amount owed each creditor. A licensee may rely on records of the debtor and other information available to it to determine the amount owed to a creditor.
(b) The total amount of the licensee's charges.
(c) The beginning and termination dates of the contract.
(d) The principal amount and approximate interest charges of the debtor's obligations to be paid under the debt management plan.
(e) The name and address of the licensee and of the debtor.
(f) Any other provisions or disclosures that the director determines are necessary for the protection of the debtor and the proper conduct of business by a licensee.
(2) Unless otherwise approved by the department and except for an amount due for 1 or more monthly fees, a closeout fee, credit reports, or educational products or materials, a licensee shall distribute to the creditors of the debtor, at least monthly, all money received from a debtor or on behalf of a debtor unless otherwise directed by the debtor.
(3) By submitting a written request to the licensee, a debtor may add or remove 1 or more debt obligations from a contract at any time. If the licensee determines after preparing an updated budget analysis that the debtor can reasonably fulfill the requirements of the debt management plan, the licensee may amend the contract as requested by the debtor.
(4) If a debtor's contract with a licensee expires and 1 or more debt obligations included in that contract are not yet liquidated, the licensee may extend or enter into an additional contract with the debtor if the licensee determines that the debt management plan is suitable for the debtor.
History: 1975, Act 148, Eff. Mar. 31, 1976 ;-- Am. 2000, Act 255, Imd. Eff. June 29, 2000 ;-- Am. 2014, Act 362, Eff. Mar. 16, 2015 Compiler's Notes: For transfer of statutory authority, powers, duties, and functions of the corporations, securities and land development bureau to the office of financial and insurance services by type III transfer, see E.R.O. No. 2000-2, compiled at MCL 445.2003 of the Michigan compiled laws.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 451 - Securities, Real Estate, and Debt Management

Act 148 of 1975 - Debt Management Act (451.411 - 451.437)

Section 451.411 - Short Title.

Section 451.412 - Definitions.

Section 451.413 - Business of Debt Management as Financial Planning Service Requiring License; Exception.

Section 451.414 - License Required; Contract Made by Unlicensed Person Void; Persons Eligible for Exemption.

Section 451.415 - License; Application; Filing Requirements; Expiration and Renewal of License; Books and Records; Financial Statement; Licensee With Board of Directors or Equivalent.

Section 451.416 - License; Investigation; Grounds for Issuance or Nonissuance; Evidence of Certification as Certified Counselor.

Section 451.417 - Applicability of Examination Provisions.

Section 451.418 - License Renewal; Application; Fee; Financial Statements; Failure to Pay Fee or Penalty.

Section 451.418a - Fraud; Notice of Intent to Prohibit Licensure; Hearing; Order; Judicial Review; Enforcement; Violation of Final Order as Misdemeanor; Penalty; Definitions.

Section 451.419 - License; Grounds for Denial, Revocation, Suspension, or Postponement; Notice; Proceedings.

Section 451.420 - Rules; Rights, Remedies, and Procedures.

Section 451.421 - License; Applicable Provisions.

Section 451.422 - Budget Analysis.

Section 451.423 - Initial Fee; Consent of Creditor; Presumption.

Section 451.424 - Contract Between Licensee and Debtor; Requirements.

Section 451.425 - Trust Account.

Section 451.426 - Duties of Licensee.

Section 451.427 - Examination of Licensee.

Section 451.428 - Fee Under Debt Management Plan; Purchase of Credit Reports or Educational Materials and Products; Charge for Cancellation or Default; When Contract Effective; Cancellation of Contract; Excessive Charge.

Section 451.429 - Prohibited Practices.

Section 451.430 - Advertisement.

Section 451.431 - Assignment of Wages.

Section 451.432 - Rules; Decisions, Orders, and Rulings; Electronic Filing.

Section 451.433 - Cease and Desist Order; Statement; Misdemeanor; Powers of Department; Court Order; Self-Incrimination; Injunction or Restraining Order; Criminal Proceedings.

Section 451.434 - Violations; Penalties; Jurisdiction; Remedies.

Section 451.435 - Statute of Limitations.

Section 451.436 - Disposition of Fees.

Section 451.437 - Repeal of MCL 451.451 to 451.468.