ORS 697.045
Status of accounts and claims assigned to agency

  • rights of assignor
  • appearance in small claims or justice court
  • registration as condition of access to courts

(1)

A registered collection agency has a property right in any claim or account assigned to the agency in writing for collection. Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the registered collection agency as assignee of the claim or account, in its own name, may:

(a)

Collect the claim or account;

(b)

Compromise or accept settlement of the claim or account;

(c)

Bring and maintain an action to recover the amount owing from the claim or account; and

(d)

With prior written approval of the assignor, transfer or forward the claim or account to another collection agency for collection.

(2)

Except as may be otherwise provided in writing between the assignor of the claim or account and the registered collection agency, the assignor may withdraw the claim or account from the agency at any time without condition or charge.

(3)

Notwithstanding ORS 9.160 (Bar membership required to practice law) and 9.320 (Necessity for employment of attorney), in any action in the small claims department of a circuit court or justice court a registered collection agency may appear as a party without appearance by attorney for the purpose of recovering the amount owing on a claim or account assigned to the agency in writing for collection. The provisions of this subsection apply to any supplementary proceeding in aid of execution after entry of a judgment in the small claims department.

(4)

No collection agency is entitled to bring or maintain an action involving the collection of a claim or account on behalf of its customers in any courts of this state without alleging and proving that it is duly registered under ORS 697.015 (Registration requirement) and 697.031 (Registration procedure). A registration certificate or a certification of registration by the Director of the Department of Consumer and Business Services for any designated time period shall be received by the court as prima facie evidence of the collection agency’s registration for the time period designated. [1981 c.85 §7; 2003 c.78 §1]

Source: Section 697.045 — Status of accounts and claims assigned to agency; rights of assignor; appearance in small claims or justice court; registration as condition of access to courts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors697.­html.

697.005
Definitions for ORS 697.005 to 697.095 697.015
Registration requirement 697.031
Registration procedure 697.039
Revocation, suspension or refusal to issue or renew registration 697.045
Status of accounts and claims assigned to agency 697.053
Registration exclusive regulation 697.058
Agency records 697.063
Status of business records and bank accounts following revocation of registration 697.085
Rules 697.086
Rules for collection of child support payments 697.087
Injunction 697.091
Fees or compensation received in violation of law 697.093
Enforcement 697.094
Orders issued under ORS 697.093 697.095
Civil penalties 697.105
Fee for collection of debt owed public body 697.107
Prohibition on use of public agency or public official seal or letterhead 697.115
Fee for collection of commercial debt 697.500
Definitions for ORS 697.500 to 697.555 697.502
Exemptions from licensing and record-keeping requirements 697.504
Licensing requirement 697.510
License application form and contents 697.512
Application fee and investigation fee 697.514
Application review and license issuance 697.520
Prohibited practices 697.522
Receipt 697.524
Endorsement and deposit of payment instruments 697.526
Notice of fees and charges 697.528
Records 697.530
Prohibited conduct 697.540
Suspension or revocation of license 697.542
Powers of director 697.550
Rules 697.555
Civil penalties 697.602
Definitions for ORS 697.602 to 697.842 697.612
Registration requirement 697.632
Registration procedure 697.642
Bond requirement 697.652
Written agreement and budget analysis requirement 697.662
Prohibited practices 697.672
Requirement to make, keep and maintain records 697.682
Trust accounts for client funds 697.692
Fees 697.702
Interference with records of debt management service provider 697.707
Required disclosures 697.718
Liability for consumer’s ascertainable loss 697.722
Execution or attachment of trust account funds 697.732
Examinations 697.752
Grounds for denial, revocation or suspension of registration 697.762
Enjoining violations 697.822
Remedy not exclusive 697.825
Enforcement 697.832
Civil penalties 697.840
Rules 697.842
Disposition of moneys received by director 697.990
Penalties 697.992
Jurisdiction of courts
Green check means up to date. Up to date

Current through early 2024

§ 697.045’s source at oregon​.gov