Rule 5.180.Consumer Debt Collection
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 5.180
Plain-English Summary
UTCR 5.180 makes a consumer debt collection case announce itself. The rule defines a consumer as a natural person who purchases or acquires property, services, or credit for personal, family, or household purposes, and a debt as an obligation or alleged obligation that arises out of a consumer transaction. From there it sorts collection cases by who is doing the suing.
The heavier requirements apply when the plaintiff is a debt buyer, or a debt collector suing on behalf of a debt buyer, in an action for collection of a debt under ORS 646A.670. The title of the initiating pleading must contain the words Debt Buyer Initiated Action to Collect Consumer Debt, with the governing statute and this rule named in the title. The body must tell the reader that information about debt collection cases is on the Oregon Judicial Department's website. The plaintiff must also complete the Collection by Debt Buyer Disclosure Statement published there, attach it, and incorporate it by reference, including a statement that the plaintiff has complied with the statute.
The disclosure statement belongs to the court, not the plaintiff. The rule forbids a plaintiff from drafting or using its own version. Additional information may be attached, but it does not substitute for the required statement. Leaving the statement out does not end the case at once: 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 then. And a plaintiff moving for a default judgment must include a declaration, under penalty of perjury, that the initial pleading complied with the statute.
Every other consumer debt collection case, meaning one where the plaintiff is neither a debt buyer nor a collector acting for a debt buyer, carries a lighter version of the same labeling. The title of the initiating pleading must contain the words Action to Collect Consumer Debt with this rule's subsection named, and the body must include the same pointer to the judicial department's website. No disclosure statement is required on that side.
Frequently Asked Questions
What has to go in the title of a consumer debt collection complaint in Oregon?
It depends on who is suing. A debt buyer, or a collector suing for one, must use a title containing the words Debt Buyer Initiated Action to Collect Consumer Debt, naming ORS 646A.670(1) and UTCR 5.180(2). Any other consumer debt plaintiff uses a title containing the words Action to Collect Consumer Debt, naming UTCR 5.180(3).
Who counts as a debt buyer under this rule?
The rule borrows the definitions from statute: a debt buyer as defined in ORS 646.639(1)(g), or a debt collector suing on behalf of a debt buyer under ORS 646.639(1)(h). A creditor collecting its own consumer debt falls into the other category the rule addresses.
Can I draft my own disclosure statement?
No. The rule requires the Collection by Debt Buyer Disclosure Statement found on the Oregon Judicial Department website and says a plaintiff may not draft or use their own. You may attach additional information, but it does not stand in for the required statement.
What happens if the disclosure statement is missing from the complaint?
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. The defect is curable, but the clock runs from the date of the notice rather than from when the plaintiff notices the problem.
What does a debt buyer need in order to take a default judgment?
The motion for default judgment must include a declaration, under penalty of perjury, that the initial pleading complied with ORS 646A.670(1). That is on top of the title, website statement, and disclosure statement requirements that applied when the case was filed.