2017 ORS 697.105¹
Fee for collection of debt owed public body
  • notice to debtor
  • amount

(1) Except as provided in ORS 1.202 (Fee for establishing and administering account for judgment that includes monetary obligation) and 293.231 (Collection of liquidated and delinquent accounts by Department of Revenue or private collection agency), if a public body, as defined in ORS 174.109 (“Public body” defined), uses a private collection agency to collect a debt owed to the public body, the public body may add a reasonable fee to the amount of the debt, payable by the debtor, to compensate the public body, in whole or in part, for the collection agency fee incurred or to be incurred.

(2) A fee may not be added under subsection (1) of this section unless the public body has provided notice to the debtor:

(a) Of the existence of the debt;

(b) That the debt may be assigned to a private collection agency for collection; and

(c) Of the amount of the fee that may be added to the debt under subsection (1) of this section.

(3) Except as provided by federal law, the public body may not add a fee under this section that exceeds the collection fee of the private collection agency. [2003 c.66 §1; 2007 c.204 §1]

Notes of Decisions

Holder of license issued pursuant to these sec­tions who voluntarily surrenders it to the issuing authority with the inten­tion of abandoning it is in the same posi­tion as a new applicant who seeks the right to engage in the ac­tivity for which the license is re­quired. State ex rel Black v. American Recovery, Ltd., 12 Or App 139, 505 P2d 1166 (1973)

Collec­tion agencies which solicit and collect claims of third parties upon contingent fee basis are not involved in unauthorized practice of law. Messmer v. Carter/Bonded Credit Company, 282 Or 323, 578 P2d 788 (1978)

Atty. Gen. Opinions

Applica­tion to out-of-state businesses whose only contact with Oregon debtors is through telephonic or mail communica­tion, (1980) Vol 40, p 358

Chapter 697

Atty. Gen. Opinions

Duty of merchant using third party letterhead purchased from collec­tion letter service to obtain license, (1972) Vol 36, p 79

1 Legislative Counsel Committee, CHAPTER 697—Cashing Businesses; Debt Management Service Providers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors697.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 697, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano697.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.