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What is Debt Management? |
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The planning and management of the financial affairs
of a debtor and the receipt of money from the debtor for distribution
to creditors in payment or partial payment of the debtor's obligation.
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What is a Debt Manager? |
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The individual who engages in the business of
debt management.
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How does an individual become registered as a Debt Manager
in Michigan? |
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An individual desiring to engage in debt management
in Michigan must fill out a debt management application, pass the
required competency exam, and obtain the approval of the Office
of Financial and Insurance Regulation. Application forms can be found
at http://www.michigan.gov/cis/1,1607,7-154-10555_13044_13209---,00.html.
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Can I file a complaint against a Debt Manager? How? |
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You can file a complaint against a debt manager by
contacting the Office of Financial and Insurance Regulation at (877)
999-6442 or by sending a letter to the Office of Financial and Insurance Regulation at 611 West Ottawa, Lansing, Michigan 48933-1070, or filing
a complaint form, downloaded from http://www.michigan.gov/cis/1,1607,7-154-10555_12902_12907---,00.html.
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How many clients must a person counsel before being required
to be registered? |
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A person must be licensed prior to engaging in
any business of debt management.
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My creditors are beginning to call my house and my job demanding
money. Whom can I call for help? |
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You could contact a firm licensed under the Michigan
Debt Management Act which would prepare a Budget Analysis Form
to determine your income, obligations and what you can reasonably
pay your creditors. They would contact your creditors to attempt
to reduce the interest rate and your payments.
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Do all debt management firms charge a fee for their services? |
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No, however, the Michigan Debt Management Act
allows a licensed firm to charge a fee of up to 15% of the amount
of the debt to be liquidated during the express term of the
contract.
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I understand that if I work with a non-profit debt management
firm, they will not charge me to participate in their debt management
program. Is that correct? |
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Not always. Some non-profit debt management firms
charge a fee of up to 15%.
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Can everyone participate in a debt management program? |
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No. A licensed debt management firm shall not
accept an account unless a written and thorough budget analysis
indicates that the debtor can reasonable meet the requirements
required by the budget analysis. If they determine that you
cannot make reasonable payments to your creditors, they will
not accept you as a client.
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How much will the debt management firm charge me to prepare
a thorough Budget Analysis? |
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The Michigan Debt Management Act prohibits a licensed
firm from charging you for preparing a budget analysis.
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What does the debt management firm do with my money during
the time they have it before they pay it to my creditors? |
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The licensed debt management firm is required
to hold their client's money in a separate account maintained
for the benefit of the licensee's Michigan clients at a financial
institution whose deposits are insured by an agency of the United
States government.
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Does Michigan only license debt management firms that are
physically located within the State of Michigan? |
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No. Any firm conducting debt management activities
with Michigan residents must be licensed pursuant to the Michigan
Debt Management Act, prior to conducting activities with Michigan
residents.
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How do I check on a debt management firm to see if it is
licensed in Michigan? |
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The Office of Financial and Insurance Regulation
licenses the Debt Management Firms. You may call our office
at (877) 999-6442 to be certain the firm is licensed or check
on our website at www.michigan.gov/ofir.
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I have never heard of debt management. Do these firms advertise
under another heading or only as debt managers? |
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Debt management firm are also called Credit Counselors
and often refer to their firm and advertise in the yellow pages
of the telephone director as credit counseling firms.
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Will this firm pay my creditors by loaning me money? |
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No. But they will work with your creditors in
an attempt to stop harassing telephone calls, lower your interest
rates, lower your monthly payments, and perhaps stop late fees
and over limit fees.
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