ORS 131A.150
Forfeiture notice


(1)

A forfeiture notice must contain:

(a)

A copy of the inventory prepared by the police officer under ORS 131A.055 (Inventory and receipt), with any amendments made under ORS 131A.055 (Inventory and receipt) (3);

(b)

The name of the person from whom the property was seized;

(c)

The name, address and telephone number of the seizing agency;

(d)

The address and telephone number of the office or other place where further information concerning the seizure may be obtained; and

(e)

A statement in substantially the following form:

Notice to Potential Claimant -
Read These Papers Carefully ! ! !
If you have any interest in the seized property described in these papers, you must claim that interest or you will automatically lose that interest. If you do not file a claim for the property, the property may be forfeited even if you are not convicted of any crime. To claim an interest, you must file a written claim with the forfeiture counsel named below. The written claim must be signed by you, under penalty of perjury, and state: (a) Your true name; (b) The address at which you will accept future mailings from the court and forfeiture counsel; and (c) A statement that you have an interest in the seized property. Your deadline for filing the claim document is 21 days from the day this form is given to you. If you have any questions, you should see an attorney immediately.

(2)

A police officer who seizes property for forfeiture may serve a forfeiture notice on the person from whose possession the property is taken, or on the person in apparent control of the property, at the time the property is seized.

(3)

If a police officer seizes property for forfeiture and does not serve a forfeiture notice under subsection (2) of this section, the forfeiting agency shall issue the forfeiture notice not more than 15 days after the seizure.

(4)

Except as provided in subsections (5) and (6) of this section, a forfeiting agency shall make reasonable efforts to serve a forfeiture notice on all persons known to have an interest in the seized property. A person may be served as provided in ORCP 7 D except that summons must include information regarding the right to file a claim as provided by ORS 131A.165 (Claims), if applicable, and the deadline for filing the claim. If the property is cash in the amount of $1,000 or less, or if the fair market value of the property is $1,000 or less, the forfeiting agency may publish notice of seizure for forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to (d). In all other cases, the forfeiting agency shall publish notice of seizure for forfeiture in a newspaper as provided in ORCP 7 D(6)(b) to (d). A copy of the notice and inventory shall be provided to the forfeiting agency’s forfeiture counsel.

(5)

If a forfeiting agency publishes forfeiture notice under subsection (4) of this section, the agency may include in a single publication as many forfeiture notices as the agency considers convenient. The publication may contain a single statement of matters from the forfeiture notices that are common to all of the notices and that would otherwise result in needless repetition. The publication must contain for each forfeiture notice a separate copy of the inventory and a separate statement of the identity of the person from whose custody the property was seized.

(6)

A forfeiture notice need not be served on a person who has received a receipt under ORS 131A.055 (Inventory and receipt) if:

(a)

The receipt contains an estimate of the value of the property seized;

(b)

The seizing agency has not amended the inventory under ORS 131A.055 (Inventory and receipt) (3); and

(c)

The receipt contains information regarding the right to file a claim as described in ORS 131A.165 (Claims) and the deadline for filing the claim.

(7)

If a person received a receipt as described in subsection (6) of this section, but the person must be served with a forfeiture notice because the seizing agency has amended the inventory under ORS 131A.055 (Inventory and receipt) (3), the seizing agency may serve a forfeiture notice on the person by mailing a true copy of the notice to the person by certified mail, return receipt requested. [2009 c.78 §18]

Source: Section 131A.150 — Forfeiture notice, 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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