Agreement for Services
Since 1964, Consumer Credit Counseling Service of Greater Atlanta, Inc. d/b/a CredAbility (“CredAbility”) has served as a critical community safety net for individuals and families experiencing financial difficulties. To ensure you have the information you need to make an informed choice about your options, this Agreement for Services (AFS) outlines important information you need to know about our organization and our services.
- We are a nonprofit agency, organized and operating in accordance with Section 501(c)(3) of the Internal Revenue Code.
- We are a member of the National Foundation for Credit Counseling (NFCC) and comply with the NFCC's high standards for quality credit counseling and financial education.
- We are accredited by the Council on Accreditation, an independent third-party organization that reviews and monitors entities that provide social services.
- The counselor conducting or supervising your counseling session has been trained and certified in accordance with NFCC standards.
- We need you to provide complete and accurate information to conduct your counseling session.
By using our services, you authorize us to contact specific creditors, including mortgage companies, to secure portions of this information. In addition, you authorize CredAbility to obtain credit reports in your name from credit reporting agencies as we deem appropriate. This extends to all types of counseling sessions, Debt Management Plans (DMP), and work done after the completion of services to verify information or evaluate your results. When we obtain your credit report, an inquiry may appear on your report as a result, but you agree that CredAbility has no responsibility for the credit rating you receive.
- We receive funding from entities that support financial counseling such as the United Way, private and corporate foundations, state and federal governmental units, and creditors. Your counseling/education session may be provided under a federal grant/program. A portion of our funding comes from voluntary contributions from creditors who participate in the Debt Management Plans we administer for our clients. Since creditors have a financial interest in having debts repaid, most are willing to make a contribution to help fund the overall services of this agency. These contributions are usually calculated as a percentage of payments that are made through a DMP. Additional information on how a DMP works is provided below.
- We will keep the information that you provide and that we gather during your counseling session strictly confidential. We will not disclose any of your personally identifiable information either orally or in writing to anyone, except (a) as required to provide services for you; or (b) as you direct us in writing to provide; or (c) as required by law, such as in response to a subpoena.
- We will compile data and aggregate information that you give us for research, quality assurance and reporting purposes, but none of your information will be disclosed outside our organization in a manner that would personally identify you. If we use a third party to assist us in this process, they will be bound by the same duty to protect your information.
- Our role is not to be judgmental, but to provide assistance. Our counselors have expertise in helping those with financial problems, but cannot provide you with legal advice, as they are not lawyers.
Budget, Credit and Housing Counseling Our budget, credit and housing counseling helps consumers understand their current financial situation, evaluate options, establish priorities and set a clear course of action to meet their goals. By using any of these services, you:
- Authorize CredAbility, its employees and agents, to analyze your financial situation, discuss factors that may be the cause of your problems, explore your options for developing a reasonable plan for dealing with them and provide a confidential written assessment outlining a suggested action plan.
- Agree that any decision to follow or implement a counselor's recommendations will be yours.
- Understand that you are not obligated to receive any other services offered by CredAbility or its exclusive partners.
- Understand that this counseling will be provided at no charge to you.
Bankruptcy Counseling If you are considering bankruptcy, you are required by law to receive counseling before you may file a petition with the court.
To assist you, we will:
- Perform an analysis of your financial situation and discuss the factors that may be the cause of your problems.
- Explore with you the options for addressing your situation. We will explain alternatives other than bankruptcy that may resolve your situation. However, our counseling is not intended to take the place of a consultation with an attorney to explore your legal rights and options.
- Provide you, at the conclusion of your counseling session, a pre-bankruptcy counseling certificate that you will need should you decide to file for bankruptcy. The counseling and the corresponding Certificate of Credit Counseling are valid for up to 180 days from the date of completion of counseling.
- Not disclose or provide any information about your counseling session to a credit reporting agency.
- Charge you a fee of $50 to cover our costs. In limited circumstances, you may be eligible to have this fee waived.
Debt Management Plan (DMP) One option for consumers struggling with debt is a DMP. In the event that CredAbility recommends a DMP and that you choose to enroll in a DMP, you:
- Authorize CredAbility to act on your behalf in order to assist you in repaying your unsecured debt.
- Understand that in certain circumstances, a DMP may have a negative effect on your credit report.
- Understand that as a nonprofit organization, CredAbility receives funding from creditors who participate in DMPs. These contributions are usually calculated as a percentage of payments clients make through a DMP; however, your accounts will always be credited with one hundred percent (100%) of the amount you pay creditors through a DMP, and CredAbility will work with all of your creditors regardless of whether they contribute to CredAbility.
- May be required to pay a monthly fee and/or charged a file set-up fee, based upon your state of residence.
- Understand that all deposits sent to CredAbility for distribution to your creditors will be deposited in a federally-insured bank account, and this account may or may not be an interest-bearing account. CredAbility will be entitled to retain any such interest.
- Agree to continue reviewing your creditor statements and CredAbility statements while enrolled in your DMP and to notify CredAbility of any errors within 60 days.
- You have a right to a verbal accounting of the disbursements made and fees deducted at any time during normal business hours by contacting us at 800.251.2227.
State Disclosures
Arizona Residents:
Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways including bankruptcy, to deal with your debts.
Upon enrollment in a debt management plan (DMP), residents of Arizona are charged a one-time $35.00 set-up fee and a monthly maintenance fee equal to 3/4 of 1% of total indebtedness or fifty dollars, whichever is less.
If the amount of debt owed is increased by interest, late fees, over the limit fees, and other amounts imposed by the creditors, the length of the debt management services agreement will be extended and remain in force and the total dollar charges agreed upon may increase at the rate agreed upon in the original contract agreement.
CredAbility's registered agent, authorized to receive any service of process in the state of Arizona is Corporation Service Company (CSC) located at 2338 W. Royal Palm Road, Suite J, Phoenix, AZ 85021.
You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
California Residents:
Complaints related to this agreement may be directed to the California Department of Corporations. This nonprofit community service organization has adopted best practices for debt management plans and a copy will be provided upon request.
You may cancel this agreement, without any penalty or obligation, at any time before midnight of the third business day that begins the day after you agree to it by electronic communication or by signing it.
If you cancel this agreement within the 3 business day period, we will refund all money you already have paid us.
You may also terminate this agreement at any later time, but we are not required to refund fees you have paid us.
Colorado Residents:
Upon enrollment in a Debt Management Plan, residents of Colorado are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month. No licensee shall be entitled to any fee or charge against the debtor, upon any contract, until the debt adjustment program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
The Attorney General for the state of Colorado will accept questions and complaints from Colorado residents regarding CredAbility via correspondence at 1525 Sherman Street - 5th Floor, Denver, CO 80203, or by phone 303.866.4494, or visit www.coloradoattorneygeneral.gov/dm.
By entering into a Debt Management Plan, you authorize any bank in which CredAbility or its agent has established a trust account to disclose to the Attorney General any financial records relating to the trust account.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract.
You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five business days in the case of a creditor's decision to reject or withdraw from a plan. Upon this notice, you have the right to modify or terminate the agreement.
CredAbility may terminate this agreement for good cause. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may hurt your credit rating or credit scores.
(3) We may receive compensation for our services from your creditors.
Delaware Residents:
Upon enrollment in a Debt Management Plan, residents of Delaware are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month. No licensee shall be entitled to any fee or charge against the debtor, upon any contract, until the debt adjustment program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
By entering in a DMP, you authorize any bank in which CredAbility or its agent has established a trust account to disclose to the Attorney General any financial records relating to the trust account.
The Attorney General for the state of Delaware will accept questions and complaints from Delaware residents regarding CredAbility via correspondence at Carvel State Office Building, 820 North French Street, Wilmington, DE 19801, or by phone 800.220.5424, or visit www.state.de.us/attgen/
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract. You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five business days in the case of a creditor's decision to reject or withdraw from a plan. Upon this notice, you have the right to modify or terminate the agreement.
CredAbility may terminate this agreement for good cause. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may hurt your credit rating or credit scores.
(3) We may receive compensation for our services from your creditors.
Illinois Residents:
Except in the case of violations of Illinois law, willful misconduct or gross negligence by CredAbility, I shall hold CredAbility harmless from any claim, suit, action or demand by any creditor or person arising out of, or connected with, its advice or counseling, or the establishment and the implementation of the DMP.
Indiana Residents:
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) We may receive compensation for our services from your creditors.
(3) Nonpayment of your debts our program may:
(A) hurt your ability to obtain credit;
(B) lead your creditors to increase finance and other charges; and
(C) lead your creditors to undertake activity, including lawsuits, to collect the debts.
(4) Reduction of debt under our program may result in taxable income to you, even though you will not actually receive any money.
Upon enrollment in a Debt Management Plan, residents of Indiana are charged a one-time $35 file set-up fee and a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract. You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are canceled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility may also terminate this agreement for good cause. Once your services are canceled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
Should you not make a payment for sixty (60) days, your DMP may be discontinued. Should you wish to reestablish your DMP, you may submit a letter of continuation. The letter of continuation must detail the reason(s) for the missed payments. You may file only one letter of continuation and a letter of continuation may not be filed at the beginning of a contract. In order to complete the reestablishment of your DMP, you will need to call 800.251.2227 and schedule a telephone appointment with your counselor.
The Indiana Department of Financial Institutions will accept questions and complaints from Indiana residents regarding CredAbility via correspondence at 30 South Meridian St., Suite 300, Indianapolis, Indiana 46204, or by phone 800.382.4880, or visit www.in.gov/dfi.
CredAbility has included, in your Counseling Summary, information on your Consumer Credit File Rights under federal and state laws. This information has been provided to you in an effort to further educate and inform you of your rights under these statutes. CredAbility does not sell, provide or perform any service intended to improve any consumer’s credit record, credit history, credit score, or credit rating or provide assistance or advice to any consumer for such purpose.
Iowa Residents:
Upon enrollment in a debt management plan, residents of Iowa are charged a one-time $35 file set-up fee and a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50.
Your DMP is a voluntary plan on your part, our part, and your creditors’ part. Any party may rescind this agreement without penalty or obligation for any reason and at any time by providing written or electronic notice. CredAbility will notify your creditors that you have withdrawn from the DMP; however, you are responsible for making new payment arrangements.
Understand that no specific results are guaranteed by participation in a debt management plan.
You have a right to a verbal accounting of the disbursements made and fees deducted at any time during normal business hours by contacting us at 800.251.2227.
Creditors may be willing to accept less than the full payoff amount if you are able to make your past due payment in a lump sum or over a very short period of time. However, CredAbility is not a debt settlement company and does not offer debt settlement programs. If you choose to explore this option you will need to work directly with your creditors. Please note that the amount of debt that was left unpaid after the settlement may be considered income and subject to income tax by the IRS.
Kansas Residents:
The Kansas Office of the State Bank Commissioner will accept questions and complaints from consumers regarding CredAbility (registration number CSO-1033) at 700 SW Jackson, Suite 300, Topeka, Kansas, 66603, or by calling toll free 877.387.8523.
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract.
Kentucky Residents:
You may cancel this contract without penalty or obligation at any time before midnight of the 14th day after the date on which you signed the contract. See the attached notice of cancellation form for an explanation of this right.
You may contact the Kentucky Attorney General with any questions or complaints regarding CredAbility at:
Office of Attorney General
Capitol Suite 118, 700 Capitol Avenue
Frankfort, KY 40601-3449
Phone: 888.432.9257
Website: www.ag.ky.gov
By entering into a debt management plan, you authorize any financial institution in which CredAbility or its agent has established a trust account to disclose to the Attorney General any financial records relating to the trust account.
Maryland Residents:
The Commissioner of Financial Regulation for the State of Maryland will accept any questions and complaints from Maryland residents regarding CredAbility, License No. 14-10 at 500 North Calvert Street, Room 402, Baltimore, Maryland 21202, phone 888.784.0136.
CredAbility does not, as a condition of entering in a debt management plan, require you to purchase for a fee a counseling session, an educational program, or materials and supplies. Upon enrollment in a DMP, residents of Maryland are charged a one time $35 file set-up fee and a monthly maintenance fee equal to $8 times the number of participating creditors, not to exceed $40 per month. By entering in a DMP, you authorize the federally insured institution (Bank of America, located at 3350 Riverwood Parkway, NE, 11th Floor, Atlanta, GA 30339) to disclose financial records relating to the trust account in which your funds are held to the Commissioner of Maryland during the course of any investigation or examination of CredAbility by the Commissioner. CredAbility disburses funds each business day. Full deposits are disbursed to creditors within eight business days. To ensure availability of funds, ACH deposits are held for a maximum of five business days prior to being disbursed. Guaranteed funds (money orders, cashier checks, etc.) are disbursed within two business days. If you elect to file for bankruptcy, you will be required under Federal Bankruptcy Law to receive pre-bankruptcy credit counseling services from a nonprofit credit counseling agency that is approved by the U.S. Trustee Program FI Section 12-916(a)(3)(iii). CredAbility is approved by the U.S. Trustee Program FI Section 12-916(a)(3)(iii) to provide pre-bankruptcy counseling and issue certificates in compliance with the bankruptcy code. You may also contact a Federal Bankruptcy Court to obtain a list of credit counseling agencies approved by the U.S. Trustee Program. You may rescind this agreement without penalty or obligation for any reason and at any time by providing CredAbility written or electronic notice. The Commissioner of Financial Regulation for the state of Maryland will accept questions and complaints from Maryland residents regarding CredAbility (License #10-14) at 500 N. Calvert Street, Room 402, Baltimore, MD 21202-3651, and phone 888.784.0136. You must be given a copy of this agreement. If you enter an agreement with a company that is not licensed, then such agreement is null and void and all fees paid must be reimbursed. CredAbility holds a surety bond in the state of Maryland. CredAbility cannot require a voluntary contribution from you for a service provided by us to you.
Michigan Residents:
Debt Management Plans (DMP) established for residents of Michigan are subject to an initial fee of $25. However, if 51% or more of your creditors do not agree to accept the plan within 45 days, your initial set-up fee will be returned and your DMP closed. Creditors may accept the proposed plan by returning our proposal letters. According to Michigan state law, it is also presumed that a creditor has accepted the plan if there is no response to the contrary within 14 days of sending a proposal or within 7 days of sending the creditor your first payment through the DMP.
Your debt management plan agreement must contain all of the following: Each creditor to whom payments will be made and the amount owed each creditor; total amount of CredAbility’s charges; beginning and ending dates of the contract; the number of months and the total principal amount plus approximate interest charges required to liquidate in full the debts, except mortgage or land contract interest payments, described in the contract; the name and address of CredAbility and of the debtor; and all other provisions or disclosures that the director determines are necessary for the protection of the debtor and the proper conduct of business by CredAbility.
Michigan state law states that CredAbility may charge a reasonable fee under a debt management services contract. The fees and charges of CredAbility shall not exceed 15% of the amount of the debt to be liquidated during the express term of the contract. CredAbility may require the debtor to make an initial payment of not more than $25.00, which is part of the fees and charges of CredAbility. The initial payment may be deducted from the amount of a subsequent fee that is amortized, if any. Michigan state law allows a fee of $25.00 in the event of cancellation or default on the performance of the contract by the debt before its successful completion. This fee may not be charged prior to 12 midnight of the third business day after the first day the contract is in effect by delivering written notice of cancellation to CredAbility, and forbids fees or charges in excess of 15% of the amount of debt to be liquidated during the express term of this contract. Michigan state law allows for an additional charge of $25 should you cancel this contract before your debt is paid in full through the DMP; however, CredAbility has chosen not to charge for the early termination of a DMP.
If you fail to make a payment to CredAbility within 60 days after the date a payment is due under your DMP agreement, the DMP is considered canceled by you. You may file a letter of continuation of your DMP agreement even if you did not make a payment within 60 days after a payment was due. All of the following apply to a letter of continuation of a DMP: You may only file 1 letter of continuation with CredAbility; a letter of continuation must contain a detailed explanation of the reason or reasons for the missed payment or payments: a DMP agreement for which a letter of continuation that meets the requirements of this subsection is filed remains in effect and subject to cancellation for any future failure to make a payment or payments described in this subsection; a DMP agreement between CredAbility and a debtor shall clearly provide for 1 letter of continuation by a debtor; a debtor may not file a letter of continuation with CredAbility at the beginning of a contract; in order to complete the reestablishment of your DMP, you will need to call 800.251.2227 and schedule a telephone appointment with your counselor.
CredAbility shall not contract for, receive, or charge a debtor an amount greater than authorized by the State of Michigan Debt Management Act. A person who violates this subsection, except as the result of an inadvertent clerical or computer error, shall return to the debtor the amount of the payments received from or on behalf of the debtor and not distributed to creditors, and, as a penalty, an amount equal to the amount overcharged.
Your DMP agreement with CredAbility goes into effect when it has been signed by you and by a representative of CredAbility and you have made a payment to CredAbility. Michigan state law provides that you have the right to cancel this contract until 12 midnight of the third business day after the first day the contract (DMP agreement) is in effect. It is CredAbility's policy to accept at any time, and without penalty, your notification that you no longer wish to participate in the DMP.
Minnesota Residents:
Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
Upon enrollment in a Debt Management Plan, residents of Minnesota are charged a one-time $35 file set-up fee and a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50.
You may cancel this debt management services agreement without cause at any time upon ten days’ written notice. In the event of cancellation CredAbility will notify your creditors of the cancellation and provide a refund of all unexpended funds paid by or for you to CredAbility.
If the amount of debt owed is increased by interest, late fees, over the limit fees, and other amounts imposed by the creditors, the length of the debt management services agreement will be extended and remain in force and that the total dollar charges agreed upon may increase at the rate agreed upon in the original contract agreement.
CredAbility's registered agent, authorized to receive any service of process in the state of Minnesota, is Corporation Service Company located at 380 Jackson Street, Suite 700, St. Paul, MN 55101.
CredAbility is registered with the Minnesota Department of Commerce, License # DM 46.
Mississippi Residents:
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract.
CredAbility is licensed and holds a surety bond in the State of Mississippi; license number 33/2012. The Department of Banking and Consumer Finance may be contacted at P.O. Box 23729, Jackson, MS 39225-3729 or 1.800.844.2499 with any questions or complaints regarding CredAbility. By executing this agreement you authorize the federal insured institution (Bank of America) to disclose financial records relating to the trust in which your funds are held pursuant to 81.22.9 to the Commissioner during the course of any examination of the debt management provider by the Commissioner. Upon enrollment in a DMP, residents of Mississippi are charged a one-time $35 set-up fee and a monthly maintenance fee equal to $5 times the number of participating creditors, not to exceed $30 per month. Funds remitted by a consumer for payment to one or more creditors will be held at Bank of America. Do not sign this agreement before you read it. You must be given a copy of this agreement.
Montana Residents:
Upon enrollment in a debt management plan, residents of Montana are charged a one time $35 file set-up fee and a monthly maintenance fee equal to 7.5% of the monthly payment to creditors, not to exceed $50 per month.
CredAbility has a duty to advocate the interests of the consumer who is a party to the debt management plan and not to promote the interests of any third party that is in conflict with the primary obligation of advocating the interests of the consumer.
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. At any time during the term of the agreement either party may terminate the agreement upon ten-day notice to the other party without penalty and you are entitled to a refund of all unexpended funds that you have paid to the CredAbility as of the date of the notice.
Nebraska Residents:
Upon enrollment in a Debt Management Plan, residents of Nebraska are charged a one-time $25 file set-up fee and a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50.
For purposes of estimating your monthly payments, the total amount of debt to be repaid under the agreement has been amortized over a repayment period of no more than 60 months, as identified in the Debt Repayment Analysis section; however, this agreement will expire automatically at the end of 36 months at which time you may need to enter into a new agreement in order to ensure uninterrupted DMP services and full repayment of enrolled debts. If you do not enter into a new agreement with CredAbility after the completion of the 36 month agreement it is possible that not all of your enrolled debts will have been paid off under the DMP to your creditors.
IF CLIENT MISSES ONE OR MORE MONTHLY DEPOSITS, DOES NOT COMPLETE THE DMP AND ENTER INTO A NEW AGREEMENT AFTER 36 MONTHS WITH CREDABILITY (IF NEEDED) AND/OR FOR ANY REASON THEY DEEM APPROPRIATE, CLIENT'S CREDITORS MAY DISCONTINUE ANY CONCESSIONS MADE TO CLIENT UNDER THIS AGREEMENT WITH RESPECT TO FINANCE.
Nevada Residents:
Upon enrollment in a Debt Management Plan, residents of Nevada are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month.
The Commissioner of Financial Institutions for the state of Nevada will accept questions and complaints from Nevada residents regarding CredAbility via correspondence at 2785 E. Desert Inn Road, Suite 180, Las Vegas, Nevada 89121, or by phone 702.486.4120, or visit www.fid.state.nv.us/.
By entering into a Debt Management Plan, you authorize any bank in which CredAbility or its agent has established a trust account to disclose to the Commissioner any financial records relating to the trust account.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract.
You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five (5) business days in the case of a creditor's decision to reject or withdraw from a plan. The notice will include, (1) the identity of the creditor; and (2) your right to modify or terminate the agreement.
CredAbility may terminate this agreement for good cause. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
There will be no monthly service fee after termination of this agreement, other than a monthly fee that became due before the termination.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may make it harder for you to obtain credit.
(3) We may receive compensation for our services from your creditors.
New Hampshire Residents:
Upon enrollment in a Debt Management Plan, residents of New Hampshire are charged a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50 per month.
New Hampshire clients are not charged a setup fee.
CredAbility may charge a $25 fee for non-sufficient funds (NSF).
It is CredAbility's policy to accept at any time, and without penalty or obligation, your written notification that you no longer wish to participate in the DMP.
Should you cancel or prepay your DMP, you have no additional fees. CredAbility allows individual prepayments at the request of the client and disburses the funds based on the instructions provided at the time of the request.
New York Residents:
The contract shall be limited to a payment period not to exceed 60 months. Upon enrollment in a Debt Management Plan, residents of New York are charged a $35 file set-up fee and a monthly maintenance fee equal to $5 times the number of participating creditors, not to exceed $50 per month. You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract. At any time during the term of the contract, you may terminate the agreement upon ten-day written notice to CredAbility without any fee or penalty and CredAbility shall return all undisbursed funds paid by you in its possession.
No licensee shall communicate any derogatory information about a debtor to a creditor based solely on the fact that a debtor has terminated his or her contract with the licensee. Derogatory information does not include notification that the debtor is no longer a client.
The contract may not be assigned without the written consent of the debtor. The New York State Department of Financial Services toll-free number is 877.226.5697.
Oregon Residents:
Oregon residents are charged a one-time $35.00 file set-up fee and a monthly maintenance fee equal to 7.5% of your monthly payment to creditors, not to exceed $50.00 per month. Changes to your deposit amount could result in fees to increase or decrease. A $4.50 fee for non-sufficient funds (NSF) is applied for overdrafts on Automated Clearing House (ACH) payments. CredAbility does not charge a credit report fee. The consumer(s) participating on the debt management plan is responsible for paying CredAbility's charges.
Be advised that canceled debt may constitute income that is subject to state and federal taxation; consult a tax professional.
The budget analysis is conditioned on the information provided by you. Understand that a creditor may disallow a plan for debt management services based on the budget analysis.
Pursuant to ORS 697.652, you may cancel this agreement: (1) At any time before midnight of the third business day after you entered into the agreement with CredAbility; or (2) At any time during the remaining term of the agreement, for any reason, after giving ten (10) calendar days' written notice of the cancellation to CredAbility.
The cancellation is effective on the date you mail a notice of cancellation or immediately if you send the cancellation by electronic mail or facsimile. CredAbility shall refund all fees you paid before the cancellation if you cancel the agreement within three business days after entering into the agreement; or CredAbility will return to you all funds that have not been expended if you cancel the agreement at any other time.
CredAbility may cancel your DMP without your written consent if you fail to make scheduled periodic payments under the terms of the agreement for more than 60 days.
CredAbility will honor client requests for information or copies of any part of their own file, except the notes. Note information is considered agency confidential. Requests to deliver a full and complete written statement of your account will be honored within two business days, if delivered electronically or within seven business days if delivered by US mail.
You have the right to bring an action against the bond required under ORS 697.642, Platte River Insurance Company at 1600 Aspen Commons, Middleton, WI 53562-4719.
Effective January 1, 2010, new Oregon law consolidated credit service organizations and debt consolidation agencies under the same law. The following disclosures are required by Oregon Law. However, not all disclosures apply to the services being provided to you. They may or may not include the following:
That the debt management service provider does not make scheduled periodic payments to creditors;
That the consumer must make regular monthly payments of funds in an account the consumer establishes and maintains in the consumer's name with an insured institution and designates specifically for making disbursements in connection with the debt management services agency; and
That the debt management service provider will withdraw fees for debt management services from the account only with the consumer's specific authorization and that the debt management services provider does not have custody, control or separate or additional access to the account.
Pennsylvania Residents:
Upon enrollment in a Debt Management Plan, residents of Pennsylvania are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month.
By entering into a Debt Management Plan, you authorize the federally insured institution Bank of America (located at 3350 Riverwood Parkway, NE, 11th Floor, Atlanta GA 30339) to disclose financial records relating to the trust account in which your funds are held to the Pennsylvania Department of Banking during the course of any examination of CredAbility by the Department.
Either you or CredAbility may terminate the debt management services agreement upon ten days’ written notice to the other party. If the debt management services agreement is terminated, you are entitled to a prompt refund of any payments made that have not yet been disbursed to your creditors.
To report disputes please contact CredAbility at 800.251.2227 or at info@CredAbility.org for a staff person to handle your complaint. Grievances may also be directly addressed to Phil Baldwin, President & CEO of CredAbility, via mail at 270 Peachtree Street NW, Suite 1800, Atlanta, GA 30303.
- Client disputes reported to staff are responded to within three business days.
- Clients may also request to speak with a manager regarding the dispute.
- Client disputes reported to the President of CredAbility are responded to within two business days.
Pennsylvania License No. 22732
Rhode Island Residents:
Upon enrollment in a Debt Management Plan, residents of Rhode Island are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month. No licensee shall be entitled to any fee or charge against the debtor, upon any contract, until the debt adjustment program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
The Department of Business Regulation for the state of Rhode Island will accept questions and complaints from Rhode Island residents regarding Consumer Credit Counseling Service of Greater Atlanta, Inc. d/b/a CredAbility ("CredAbility") via correspondence at 1511 Pontiac Avenue, Building 69-2, Cranston, RI 02920, or by phone 401.462.9503, or visit www.dbr.ri.gov.
By entering into a Debt Management Plan, you authorize any bank in which CredAbility or its agent has established a trust account to disclose to the Department of Business Regulation any financial records relating to the trust account.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract.
You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five business days in the case of a creditor's decision to reject or withdraw from a plan. Upon this notice, you have the right to modify or terminate the agreement.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may hurt your credit rating or credit scores.
(3) We may receive compensation for our services from your creditors.
South Carolina Residents:
We cannot require, as a condition of entering into a DMP, you to purchase any other product or service, or solicit or offer to sell any other product or service to you during the term of the DMP.
We cannot require a voluntary contribution from you for a service provided by us to you.
If you have any complaints about the credit counseling services received, you may contact the South Carolina Department of Consumer Affairs at 800.922.1594 (toll free in S.C.) or 803.734.4200.
Credit counseling services are not suitable for all consumers and you may request information about other ways, including bankruptcy, to deal with indebtedness.
The credit counseling services offered by CredAbility do not include secured debt, such as mortgages and car loans.
Tennessee Residents:
Upon enrollment in a Debt Management Plan, residents of Tennessee are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $20 per month.
The Commissioner of the Department of Commerce and Insurance for the state of Tennessee will accept questions and complaints from Tennessee residents regarding CredAbility via correspondence at 500 James Robertson Parkway, 5th Floor, Nashville, TN 37243-0600, or by phone 615.741.4737, or email consumer.affairs@tn.gov.
By entering into a Debt Management Plan, you authorize any bank in which CredAbility or its agent has established a trust account to disclose to the Commissioner any financial records relating to the trust account.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract.
You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five (5) business days in the case of a creditor's decision to reject or withdraw from a plan. The notice will include, (1) the identity of the creditor; and (2) your right to modify or terminate the agreement.
CredAbility may terminate this agreement for good cause. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
There will be no monthly service fee after termination of this agreement, other than a monthly fee that became due before the termination.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may make it harder for you to obtain credit.
(3) We may receive compensation for our services from your creditors.
Utah Residents:
Upon enrollment in a Debt Management Plan, residents of Utah are charged a $35 file set-up fee and a monthly maintenance fee equal to $10 times the number of participating creditors, not to exceed $50 per month. No licensee shall be entitled to any fee or charge against the debtor, upon any contract, until the debt adjustment program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
The Division of Consumer Protection for the state of Utah will accept questions and complaints from Utah residents regarding CredAbility via correspondence at 160 East 300 South, Box 146704, Salt Lake City, UT 84114-6704, or by phone 801.530.6601, or visit www.dcp.utah.gov.
NOTICE: The Division of Consumer Protection for the state of Utah may audit any of the trust accounts established by CredAbility.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract. You may also terminate this agreement at any later time, without penalty or obligation by providing CredAbility written or electronic notice. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
CredAbility will notify you within five business days in the case of a creditor's decision to reject or withdraw from a plan. Upon this notice, you have the right to modify or terminate the agreement.
CredAbility may terminate this agreement for good cause. Once your services are cancelled, you are entitled to a refund of all unexpended funds you have paid to CredAbility.
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may make it harder for you to obtain credit.
(3) We may receive compensation for our services from your creditors.
Vermont Residents:
Residents of Vermont are charged a monthly maintenance fee equal to 7.5% of the monthly payment to creditors, not to exceed $50 per month. No licensee shall be entitled to any fee or charge against the debtor, upon any contract, until the debt adjustment program is arranged and approved by the debtor. A contract shall not be effective until a debtor has made a payment to the licensee for distribution to his creditors.
You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract.
Virginia Residents:
It is CredAbility's policy to accept at any time, and without penalty, your written notification that you no longer wish to participate in the DMP, unless satisfied with the services provided. If you cancel this agreement you are entitled to a refund of all funds that have not been disbursed to creditors and either (a) all fees paid if terminated within five (5) days of the date the DMP is executed by you or (b) all fees paid less the set-up fee if terminated more than five but less than thirty-one (31) days after execution of the DMP.
CredAbility disburses funds received from Virginia clients within eight (8) business days.
Disbursement takes into account the client's due date, the date of the client's previous disbursement, and whether the client makes one full payment a month or two partial payments.
We hold non-guaranteed funds in a no post status for four (4) working days from the settlement date to ensure funds are actually available. On the fourth day, funds are credited to the client's account and available for disbursement.
Guaranteed funds (i.e. money orders, cashier checks, etc.) are credited to the client's account on the day of receipt and disbursed as appropriate.
If a client schedules more than one withdrawal date, the funds are not disbursed until a full deposit is received. This practice is in place to ensure that creditors consistently receive the monthly payment that was arranged and agreed to by the client and creditors.
Per policy, no client deposit remains with CredAbility for more than thirty (30) days. Funds remaining in a client's account for more than twenty-one (21) days are either returned to the client or disbursed by the 30th day.
To report disputes please contact CredAbility at 800.251.2227 or at info@CredAbility.org for a staff person to handle your complaint. Grievances may also be directly addressed to Phil Baldwin, President & CEO of CredAbility, via mail at 270 Peachtree Street NW, Suite 1800, Atlanta, GA 30303.
(1) Client disputes reported to staff are responded to within three business days.
(2) Clients may also request to speak with a manager regarding the dispute.
(3) Client disputes reported to the President of CredAbility are responded to within two business days.
Wisconsin Residents:
You may cancel this contract without penalty or obligation at any time before midnight of the 3rd business day after the date on which you signed the contract.