Or. Uni. Trial. Ct. R. 5.180

As amended through June 11, 2024
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 a debt-buyer as defined in ORS 646.639(1)(g) or is a debt collector as defined in ORS 646.639(1)(h) bringing the action on a debt-buyer's behalf.
(b) The initiating pleading in an action described in subsection (a) must:
(i) In the title, contain the words, "SUBJECT TO ORS 646A.670(1) and UTCR 5.180(2)"
(ii) In the body, include a statement to the following effect: "See the Oregon Judicial Department's website for information about debt-collection cases" and
(iii) Attach and incorporate by reference a completed Consumer Debt Collection Disclosure Statement in substantially the form as set out on the Oregon Judicial Department website (www.courts.oregon.gov) , including a statement that the plaintiff has complied with ORS 646A.670(1).
(c) If the initiating pleading does not comply with subsection (2)(b)(iii) of this rule, written notice shall be given to the plaintiff that the case will be dismissed 30 days from the date of mailing of the notice, unless the plaintiff complies with subsection (2)(b)(iii) by that time.
(d) If the plaintiff moves for entry of a judgment of default, 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 for collection of a consumer debt, when the action otherwise does not satisfy the requirements of subsection (2)(a).
(b) The initiating pleading must, in the title, contain the words, "SUBJECT TO UTCR 5.180(3)".

Or. Uni. Trial. Ct. R. 5.180