Sec. 7. (a) It is unlawful for any person to conduct, within this state, a collection agency without first having applied for and obtained a license under the provisions of this chapter.

     (b) It is unlawful for any person conducting a collection agency within this state to fail to render an account of and pay to the client, for whom collection has been made, the proceeds of such collection, less the charges for collection in accordance with the terms of agreement between the applicant and client. This account shall be made within sixty (60) days from the date of the collection of any claim.

Terms Used In Indiana Code 25-11-1-7

  • branch office: means a fixed physical location:

    Indiana Code 25-11-1-1

  • claim: means any obligation for the payment of money or its equivalent and any sum or sums owed or due or asserted to be owed or due to another, for which any person may be employed to demand payment and to collect or enforce payment thereof. See Indiana Code 25-11-1-1
  • collection agency: means and includes all persons engaging directly or indirectly and as a primary or secondary object, business, or pursuit, in soliciting claims for collection, or in the collection of claims owed or due or asserted to be owed or due to another, including child support arrearages under IC 31-25-4. See Indiana Code 25-11-1-1
  • person: means any individual, firm, partnership, limited liability company, or corporation. See Indiana Code 25-11-1-1
     (c) It is unlawful for any person conducting a collection agency, within this state, to fail to deposit with a local depository not less than one (1) time each week all money due and owing to clients collected by said person, and keep the same on deposit in such depository in a special account until remitted to the clients. It shall be unlawful for any person to fail to keep a record of the money collected and the remittance thereof.

     (d) It is unlawful for any person to operate a branch office without having first satisfied the requirements for operating a branch office as described in section 3(c) and 3(e) of this chapter.

     (e) It is unlawful for any person licensed under this chapter to fail to comply with any disclosure requirements under IC 24-4.9.

Formerly: Acts 1937, c.92, s.7; Acts 1955, c.304, s.7. As amended by Acts 1982, P.L.154, SEC.42; P.L.178-1996, SEC.6; P.L.205-2021, SEC.8.

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