(1) Except as provided in subsection (2) of this section, a person claiming an interest in property seized for forfeiture must file a claim with the forfeiting agency‘s forfeiture counsel not more than 21 days after service of a forfeiture notice.

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Terms Used In Oregon Statutes 131A.165

  • Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
  • Forfeiture counsel: means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings. See Oregon Statutes 131A.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005

(2) If service of a forfeiture notice is made by publication under ORS § 131A.150 (4), a person claiming an interest in the property must file a claim with the forfeiting agency’s forfeiture counsel not more than 21 days after the last publication date. Extensions for filing claims may not be granted.

(3) A claim under this section must be signed by the claimant under penalty of perjury and must include:

(a) The true name of the claimant;

(b) The address at which the claimant will accept future mailings from the court and forfeiture counsel; and

(c) A statement that the claimant has an interest in the seized property. [2009 c.78 § 21]

 

(Expedited Hearing)