72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 431
 
                         House Bill 2054
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Committee on
  Judiciary for Oregon Collectors Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows registered collection agency to appear as party in small
claims proceedings without appearance by attorney for purpose of
recovering amount owing on claim or account assigned to agency
for collection.
 
                        A BILL FOR AN ACT
Relating to collection agencies; amending ORS 697.045.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 697.045 is amended to read:
  697.045. (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   { - a civil suit or - }  { +  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. + }
    { - (3) - }  { +  (4) + } No collection agency is entitled to
bring or maintain   { - any civil suit or - }   { + 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.
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