Oregon Statutes 131A.200 – Ex parte forfeiture
(1) An ex parte judgment of forfeiture may be entered under this section only if:
Terms Used In Oregon Statutes 131A.200
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- 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
(a) The property is personal property;
(b) The property is not subject to an interest in favor of any person known to have an interest, other than a person who is believed by the forfeiting agency to have engaged in prohibited conduct; and
(c) A claim is not filed in the manner provided by ORS § 131A.165 within the time allowed.
(2) At any time after the time for filing a claim under ORS § 131A.165 has expired, a forfeiting agency may petition the circuit court specified in ORS § 131A.225 (3) for an ex parte judgment of forfeiture under this section. The petition must state that the requirements of subsection (1) of this section have been met. An affidavit must be attached to the petition that states that forfeiture notice was served on all persons claiming an interest in the property, or that sets forth facts demonstrating the forfeiting agency’s efforts to accomplish service, together with proof of any publication of notice.
(3) Upon filing of a petition under this section, the court shall enter a judgment forfeiting the property identified in the petition. [2009 c.78 § 25]
FORFEITURE ACTIONS
(Generally)