Section 08.24.280. Records and funds.

   (a) A collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all the records and all customers' funds in a trust account with a recognized financial institution in this state. Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry.  Collection agencies shall keep other records for a period of two years from the date of the last entry.
   (b) Every collection agency shall maintain a permanent numerical receipt record that indicates as to each payment made by a debtor the following information:
        (1) the name of the debtor making payment;
        (2) the amount paid;
        (3) the name of the creditor to whom funds are being applied;
        (4) the date and form of payment;
        (5) the balance remaining due on account.
   (c) An agency using a computer system giving read-out debtor payment information is not required to maintain a numerical receipt record; however, if requested, a receipt shall be furnished to debtor.
   (d) The receipt shall be made immediately upon the receipt of funds by the collection agency in payment of a debt; the original copy to be made immediately available to the debtor who has made payment, upon request; and a copy to be made immediately available to the creditor for whom payment was received, upon request; and a copy to be maintained in the permanent receipt record.
   (e) A collection agency shall maintain daily cash ledger sheets showing all funds received from debtors and all funds received as fees for services, such as credit reports and the like.
   (f) A collection agency or employee of a collection agency may not intentionally make a false entry in the collection agency record or intentionally mutilate, destroy, or otherwise dispose of a record within the time limits provided in this section. The records shall at all reasonable times be open for inspection by the department.
   (g) A collection agency shall maintain a separate trust account exclusively for customers' funds and shall keep the funds in the trust account until disbursed to the customer.

Notes

History

(Sec. 1 ch 101 SLA 1968; am Sec. 22 ch 6 SLA 1984)