Chapter 1 — Courts and Judicial Officers Generally

ORS 1.198 Exemptions from requirements of ORS 1.197

(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.