Section 12314 Of Chapter 4. Licensee Regulations From California Financial Code >> Division 3. >> Chapter 4.
12314
. The total charges received by a prorater, or any other
person for the prorater's services, may not exceed in the aggregate
twelve percent (12%) for the first three thousand dollars ($3,000),
eleven percent (11%) for the next two thousand dollars ($2,000), and
ten percent (10%) for any of the remaining payments distributed by a
prorater to the creditors of a debtor, except for payments made on
recurrent obligations. Recurring obligations shall be defined for the
purpose of this section as follows: current rent payments, current
utility payments, current telephone bills, current alimony payments,
current monthly insurance premium payments, and payments made on
obligations which are secured by a first mortgage or first deed of
trust on real property.
(a) Notwithstanding the provisions of Section 12315, upon
compliance with the provisions of Sections 12315.1, and 12320, an
origination fee of a sum not to exceed fifty dollars ($50) may be
charged;
(b) A fee not to exceed four dollars ($4) per disbursement on
recurring obligations, consisting of current rent payments or
obligations which are secured by a first mortgage or first trust deed
on real property, may be charged.
(c) A fee not to exceed one dollar ($1) on other recurring
obligations.
When a debtor has not canceled or defaulted on the performance of
his contract with the prorater within 12 months after execution of
the prorate contract, the prorater shall refund any origination fee
charged to the debtor. At least once each month the prorater shall
pay not less than 70 percent of all funds received from the debtor to
the creditors of the debtor.