ORS 131A.200
Ex parte forfeiture


(1)

An ex parte judgment of forfeiture may be entered under this section only if:

(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 (Claims) within the time allowed.

(2)

At any time after the time for filing a claim under ORS 131A.165 (Claims) has expired, a forfeiting agency may petition the circuit court specified in ORS 131A.225 (Forfeiture actions generally) (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]

Source: Section 131A.200 — Ex parte forfeiture, https://www.­oregonlegislature.­gov/bills_laws/ors/ors131A.­html.

131A.005
Definitions
131A.010
Legislative findings
131A.015
Vesting of title to forfeited property
131A.020
Property subject to forfeiture
131A.025
Consensual search of motor vehicle
131A.030
Seizure of motor vehicle with hidden compartment
131A.035
Seizure of currency
131A.050
Seizure generally
131A.055
Inventory and receipt
131A.060
Seizure with court order
131A.065
Seizure without court order
131A.070
Delivery by third person
131A.075
Liens and security interests of financial institutions
131A.080
Care and custody of seized property generally
131A.085
Order for sale, lease, rental or operation of seized property
131A.090
Forfeiture trust accounts
131A.100
Hearing on probable cause
131A.105
Decision on seeking forfeiture
131A.150
Forfeiture notice
131A.155
Recorded forfeiture notice
131A.160
Transfer of proceedings prohibited
131A.165
Claims
131A.170
Expedited hearing on claim
131A.175
Expedited hearing on affirmative defenses
131A.180
Order restoring custody of property after expedited hearing
131A.200
Ex parte forfeiture
131A.225
Forfeiture actions generally
131A.230
Service
131A.235
Responsive pleading
131A.240
Response by affidavit
131A.245
Hearing on objections to affidavit
131A.250
Foreclosure of security interests, liens and vendor’s interests
131A.255
Standards of proof in forfeiture action
131A.260
Affirmative defenses in forfeiture action
131A.265
Stays
131A.270
Consolidation of actions
131A.275
Special motion for release of property
131A.300
Judgment forfeiting property generally
131A.305
Judgment forfeiting property
131A.310
Judgment for claimant
131A.315
Default judgment
131A.350
Disposition generally
131A.355
Intergovernmental agreements
131A.360
Distribution of forfeiture proceeds by local government
131A.365
Distribution of forfeiture proceeds by state
131A.370
Special Crime and Forfeiture Account
131A.400
Prosecuting attorneys and forfeiture counsel
131A.405
Liability of seizing agencies, forfeiting agencies and forfeiture counsel
131A.410
Indemnification of officers, employees and agents
131A.450
Record keeping and reporting requirements
131A.455
Asset Forfeiture Oversight Advisory Committee
131A.460
Asset Forfeiture Oversight Account
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