Rule 5.180 Consumer Debt Collection

(1) Definitions. As used in this rule, unless otherwise indicated:

(a) “Consumer” means a natural person who purchases or acquires property, services, or credit for personal, family, or household purposes.

(b) “Debt” means an obligation or alleged obligation that arises out of a consumer transaction.

(2) Debt Buyer Collection Actions

(a) This subsection applies to an action for collection of a debt under ORS 646A.670, when the plaintiff is either:

(i) A debt buyer as defined in ORS 646.639(1)(g); or

(ii) A debt collector suing on behalf of a debt buyer under ORS 646.639(1)(h).

(b) The following must be included in the initiating pleading in an action described in subsection (a):

(i) The title must contain the words “Debt Buyer Initiated Action to Collect Consumer Debt (Subject to ORS 646A.670(1) and UTCR 5.180(2))”;

(ii) The body must include a statement to the following effect: “See the Oregon Judicial Department’s website for information about debt collection cases (courts.oregon.gov)”; and

(iii) Plaintiff must complete, attach, and incorporate by reference the Collection by Debt Buyer Disclosure Statement found on the Oregon Judicial Department website (www.courts.oregon.gov), including a statement that the plaintiff has complied with ORS 646A.670(1). Plaintiff may not draft or use their own disclosure statement. Plaintiff may attach additional information, but that information is not a substitute for the required disclosure statement.

(c) If the initiating pleading does not include the disclosure statement required by subsection (2)(b)(iii) of this rule, the court must give the plaintiff written notice that the case will be dismissed 30 days from the date the notice was sent, unless the plaintiff complies by that time.

(d) If the plaintiff moves for a default judgment, the motion must include a declaration, under penalty of perjury, that the initial pleading complied with ORS 646A.670(1).

(3) Other Consumer Debt Collection Actions

(a) This subsection applies to an action to collect a consumer debt when the plaintiff is not a debt buyer or a collector acting on behalf of a debt buyer, as described in subsection (2)(a).

(b) The following must be included in the initiating pleading in an action described in subsection (a):

(i) The title must contain the words “Action to Collect Consumer Debt (Subject to UTCR 5.180(3))”; and

(ii) The body must include a statement to the following effect: “See the Oregon Judicial Department website for information about debt collection cases (courts.oregon.gov).”