§ 1.198 — Exemptions from requirements of ORS 1.197

Oregon § 1.198

• Jurisdiction: Oregon
• Vol.: 1
• Title 1: Courts of Record; Court Officers; Juries
• Ch. 1: Courts and Judicial Officers Generally

Text

(1) ORS 1.197 does not apply to liquidated and delinquent accounts that are:
(a) Prohibited by state or federal law or regulation from assignment or collection; or
(b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196.
(2) Notwithstanding ORS 1.197, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:
(a) Is secured by a consensual security interest in real or personal property;
(b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims’ Assistance section of the Criminal Justice Division of the Department of Justice;
(c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;
(d) Is owed by a local or state government or by the federal government;
(e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025;
(f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;
(g) Consists of moneys owed by a person who is incarcerated;
(h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;
(i) Is less than $100, including penalties; or
(j) Would result in loss of federal funding if assigned.

Legislative History

2001 c.823 §14; 2009 c.791 §3; 2013 c.688 §3