Maine Revised Statutes Title 32 Sec. 6175 – Handling of consumer funds
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1. Funds deposited in trust account. The debt management service provider shall deposit, within 2 business days of receipt, all funds received from or on behalf of a consumer for payment to a creditor or creditors in a federally insured trust account for the benefit of the consumer in a supervised financial organization. Any trust account established to receive consumer funds is free from trustee process and unavailable to creditors of the debt management service provider.
[PL 1999, c. 560, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 6175
- Debt management service: means :
A. See Maine Revised Statutes Title 32 Sec. 6172Debt management service provider: means a person, wherever located, that provides or offers to provide to a consumer in this State any debt management services, in return for a fee or other consideration, and a person located in this State that provides or offers to provide to a consumer who is not a resident of this State any debt management services, in return for a fee or other consideration. See Maine Revised Statutes Title 32 Sec. 6172 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust.
2. Requirements for handling of funds. The debt management service provider shall:
A. Maintain separate records of account for each consumer receiving debt management services; [PL 1999, c. 560, §3 (NEW).]
B. Remit funds received from or on behalf of a consumer to the consumer’s creditor or creditors within 15 business days of receipt of the funds; and [PL 1999, c. 560, §3 (NEW).]
C. Correct or remedy any misdirected payments resulting from an error by the debt management service provider and reimburse the consumer for any actual costs or fees imposed by a creditor as a result of such misdirection. [PL 1999, c. 560, §3 (NEW).]
[PL 1999, c. 560, §3 (NEW).]
3. Commingling of funds. The debt management service provider may not commingle trust accounts established for the benefit of consumers with any operating accounts of the debt management service provider.
[PL 1999, c. 560, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 560, §3 (NEW).