Oregon Statutes 1.198 – Exemptions from requirements of ORS 1.197
(1) ORS § 1.197 does not apply to liquidated and delinquent accounts that are:
Terms Used In Oregon Statutes 1.198
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state government: means the executive department, the judicial department and the legislative department. See Oregon Statutes 174.111
(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. [2001 c.823 § 14; 2009 c.791 § 3; 2013 c.688 § 3]