South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
SCDCA vs. Samuel Belcher d/b/a Belcher and Associates

AGENCY:
South Carolina Department of Consumer Affairs

PARTIES:
Petitioners:
South Carolina Department of Consumer Affairs

Respondents:
Samuel Belcher d/b/a Belcher and Associates
 
DOCKET NUMBER:
07-ALJ-30-0519-IJ

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

This matter comes before me on Petition of the South Carolina Department of Consumer Affairs (the Department) filed on October 12, 2007 seeking, among other relief, an Order from this Court requiring Respondent Samuel Belcher d/b/a Belcher and Associates to cease and desist from operating as a Credit Counseling Organization in South Carolina, restraining Respondent from further violating the Consumer Credit Counseling Act, S.C. Code Ann. §§ 37-7-101 et seq., (2005) (the Act), and requiring consumer refunds for such violations.

WHEREAS, the Department and Respondent, without admitting or denying any of the allegations in the Department’s Petition, consent and agree to the following terms as full and final resolution of this matter:

1. On or before May 31, 2009 Respondent shall pay to the Department an amount equal to half of the funds Respondent received from South Carolina consumers who entered into a contract with Respondent after December 2, 2005. At a minimum, the required amount will be $30,520;


2. The Department shall place monies received pursuant to Item 1 above in escrow. As the payment accrues, the Department shall distribute the monies to South Carolina consumers who entered into a contract with Respondent after December 1, 2005. Such consumers shall receive half of the monies paid to Respondent under the respective contracts;

3. The Department shall make reasonable efforts to successfully distribute the monies received pursuant to Item 1 above. If, after exhausting all reasonable avenues, the Department cannot locate a consumer, the Department may maintain the funds and utilize the monies for enforcement purposes;

4. Within ten business days of the effective date of this Order, Respondent shall submit a complete listing to the Department of all South Carolina consumers who entered into a contract with Respondent after December 1, 2005. The listing shall contain the names, last known addresses and fees paid by such consumers;

5. Respondent will cease and desist offering credit counseling services as defined by the Act;

6. Respondent will not violate the provisions of the Act; and

7. The Department will seek enforcement of this Order if Respondent does not fully comply with its provisions.

(Signatures appear on next page).


We Consent:

South Carolina Department of Samuel Belcher d/b/a Belcher and

Consumer Affairs: Associates:

______________________________ ___________________________________

Carolyn Grube Lybarker, Esq. Samuel Belcher

Attorney for Petitioner Respondent

3600 Forest Drive, Suite 300 120 Sandy Lane

P.O. Box 5757 (29250) Greenville, SC 29605

Columbia, SC 29204 864-422-0224

803-734-4297

December 11, 2007 December 4, 2007

Columbia, SC Greenville, SC

IT IS HEREBY ORDERED that:

1. Department and Respondent will comply with all provisions of this Consent Order as set out above;

2. The provisions of this Consent Order became effective upon signing by both parties; and

3. The South Carolina Administrative Law Court retains jurisdiction over this matter for enforcement of this Order.

AND IT IS SO ORDERED.

___________________________

Paige J. Gossett

Administrative Law Judge

December 14, 2007

Columbia, SC


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