| (1) |
An agreement shall:
Terms Used In Utah Code 13-42-119- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
be in a record; |
| (b) |
be dated and signed by the provider and the individual; |
| (c) |
include the name of the individual and the address where the individual resides; |
| (d) |
include the name, business address, and telephone number of the provider; |
| (e) |
be delivered to the individual immediately upon formation of the agreement; and |
| (f) |
disclose:
| (i) |
the services to be provided; |
| (ii) |
the amount, or method of determining the amount, of all fees, individually itemized, to be paid by the individual; |
| (iii) |
the schedule of payments to be made by or on behalf of the individual, including the amount of each payment, the date on which each payment is due, and an estimate of the date of the final payment; |
| (iv) |
if a plan provides for regular periodic payments to creditors:
| (A) |
each creditor of the individual to which payment will be made, the amount owed to each creditor, and any concessions the provider reasonably believes each creditor will offer; |
| (B) |
the schedule of expected payments to each creditor, including the amount of each payment and the date on which it will be made; |
| (C) |
each creditor that the provider believes will not participate in the plan and to which the provider will not direct payment; and |
| (D) |
that the provider may terminate the agreement for good cause, upon return of unexpended money of the individual; |
|
| (v) |
if a plan contemplates the settlement of the individual’s debt for less than the principal amount of the debt, an estimate of:
| (A) |
the duration of the plan based on all enrolled debts; |
| (B) |
the length of time before the individual may reasonably expect a settlement offer; and |
| (C) |
the amount of savings needed to accrue before the individual may reasonably expect a settlement offer, expressed as either a dollar amount or a percentage, for each enrolled debt; |
|
| (vi) |
how the provider will comply with its obligations under Subsection 13-42-127(1); |
| (vii) |
that the individual may terminate the agreement at any time by giving written or electronic notice, and that, if notice of termination is given, the individual will receive all unexpended money that the provider or its designee has received from or on behalf of the individual for payment of a credit and, except to the extent they have been earned, the provider’s fees; |
| (viii) |
that the individual may contact the administrator with any questions or complaints regarding the provider; and |
| (ix) |
the address, telephone number, and Internet address or website of the administrator. |
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