(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 and 9.320, 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 and 697.031. 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]
Structure 2021 Oregon Revised Statutes
Chapter 697 - Collection Agencies; Check-Cashing Businesses; Debt Management Service Providers
Section 697.005 - Definitions for ORS 697.005 to 697.095.
Section 697.039 - Revocation, suspension or refusal to issue or renew registration.
Section 697.086 - Rules for collection of child support payments.
Section 697.087 - Injunction; damages; attorney fees; limitation on actions.
Section 697.091 - Fees or compensation received in violation of law; disposition.
Section 697.093 - Enforcement.
Section 697.094 - Orders issued under ORS 697.093.
Section 697.095 - Civil penalties.
Section 697.105 - Fee for collection of debt owed public body; notice to debtor; amount.
Section 697.107 - Prohibition on use of public agency or public official seal or letterhead.
Section 697.115 - Fee for collection of commercial debt; amount; limit.
Section 697.500 - Definitions for ORS 697.500 to 697.555.
Section 697.502 - Exemptions from licensing and record-keeping requirements.
Section 697.510 - License application form and contents; waiver; rules.
Section 697.512 - Application fee and investigation fee; rules.
Section 697.520 - Prohibited practices; effect on charges for dishonored payment instruments.
Section 697.522 - Receipt; contents.
Section 697.524 - Endorsement and deposit of payment instruments.
Section 697.528 - Records; retention; examination costs; rules.
Section 697.530 - Prohibited conduct.
Section 697.540 - Suspension or revocation of license; grounds; notice and hearing.
Section 697.542 - Powers of director; cease and desist order.
Section 697.555 - Civil penalties; restitution.
Section 697.602 - Definitions for ORS 697.602 to 697.842.
Section 697.612 - Registration requirement; exceptions.
Section 697.632 - Registration procedure; fees; rules.
Section 697.642 - Bond requirement.
Section 697.662 - Prohibited practices.
Section 697.672 - Requirement to make, keep and maintain records; rules.
Section 697.682 - Trust accounts for client funds; statements.
Section 697.702 - Interference with records of debt management service provider.
Section 697.707 - Required disclosures.
Section 697.752 - Grounds for denial, revocation or suspension of registration.
Section 697.762 - Enjoining violations; attorney fees; damages.
Section 697.822 - Remedy not exclusive.
Section 697.825 - Enforcement; orders.