18.28.150 - Trust account for payments by debtor -- Disbursements. - Washington Statutes

Trust account for payments by debtor — Disbursements.

(1) Any payment received by a debt adjuster from or on behalf of a debtor shall be held in trust by the debt adjuster from the moment it is received. The debt adjuster shall not commingle such payment with the debt adjuster's own property or funds, but shall maintain a separate trust account and deposit in such account all such payments received. All disbursements whether to the debtor or to the creditors of the debtor, or to the debt adjuster, shall be made from such account.

     (2) In the event that the debtor cancels or defaults on the contract between the debtor and the debt adjuster, the debt adjuster shall close out the debtor's trust account in the following manner:

     (a) The debt adjuster may take from the account that amount necessary to satisfy any fees, other than any cancellation or default fee, authorized by this chapter.

     (b) After deducting the fees provided in subsection (2)(a) of this section, the debt adjuster shall distribute the remaining amount in the account to the creditors of the debtor. The distribution shall be made within five days of the demand therefor by the debtor, but if the debtor fails to make the demand, then the debt adjuster shall make the distribution within thirty days of the date of cancellation or default.

[1999 c 151 § 109; 1979 c 156 § 8; 1967 c 201 § 15.]

Notes: Part headings not law -- Effective date -- 1999 c 151: See notes following RCW 18.28.010.

Effective date -- Severability -- 1979 c 156: See notes following RCW 18.28.010.