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December 04, 2024 Clouds | 36°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 4A: Credit counseling services; practice of law

Section 4A. Credit counseling services as used in this chapter shall mean (a) the providing of financial and budgetary advice and judgment to individuals in connection with the creation of a budgetary plan; or (b) the creation of a plan whereby an individual turns over an agreed amount of his income to a nonprofit credit counseling corporation which distributes it to his creditors in accordance with a plan which they have approved and which may provide for smaller payments or a longer term than the original contract; or (c) the providing of educational services relating to the use of credit; or (d) any combination of these.

No person, other than an attorney or a nonprofit charitable corporation organized under the provisions of this chapter, shall render those credit counseling services specified in clause (b). Each such corporation shall comply with the provisions of section eight F of chapter twelve.

Any such corporation formed for credit counseling purposes shall not engage in the practice of law. If it appears that an individual receiving credit counseling services needs legal advice or counsel, he shall be referred to an attorney of his own choice, the local bar association referral service, or a local legal aid program, whichever course may seem most appropriate.