13-07-07. Prohibitions - Investigation - Civil penalty

13-07-07. Prohibitions - Investigation - Civil penalty A consumer credit counseling service may not take a confession of judgment or a power of attorney to confess judgment against the debtor or appear as the debtor in any judicial proceeding. The attorney general may, upon the attorney general's own motion, and shall, upon receipt of a complaint, investigate any alleged violation of law by a consumer credit counseling service. For that purpose, the attorney general may subpoena witnesses, administer oaths, take testimony, and require the production of books, documents, and other records. The attorney general may institute a civil action in the name of the state in the district court for an injunction prohibiting any practice in violation of this chapter. The court, upon notice to the defendant of not less than five days, and upon proof that the defendant has engaged in a practice in violation of this chapter may enjoin the defendant from engaging in any practice in violation of this chapter. In addition, the court may impose a civil penalty not to exceed five thousand dollars for each violation of this chapter. The attorney general may recover costs and disbursements, including the costs of investigation and reasonable attorney's fees.