(1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if:

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Terms Used In Oregon Statutes 131A.315

  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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 person does not make a claim for the property under ORS § 131A.165 or file a responsive pleading under ORS § 131A.235; or

(b) The person files a responsive pleading under ORS § 131A.235 but is thereafter found to be in default in the forfeiture action.

(2) A default judgment may be entered under this section only if the forfeiting agency files an affidavit with the court showing that there was probable cause for seizure of the property. [2009 c.78 § 40]

 

DISPOSITION OF FORFEITED PROPERTY

 

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