ORS 131A.240
Response by affidavit


(1)

In lieu of filing a responsive pleading under ORS 131A.235 (Responsive pleading), a financial institution holding an interest in the property may respond to a complaint with an affidavit establishing the financial institution’s interest in the property.

(2)

In lieu of filing a responsive pleading under ORS 131A.235 (Responsive pleading), a person who has an interest in the property by reason of being the transferee or conveyor of an interest in the property under a contract for transfer or conveyance of an interest in real property as defined in ORS 93.905 (Definitions for ORS 93.905 to 93.940) may respond to a complaint in a forfeiture action by filing an affidavit establishing that:

(a)

The person did not take the property with the intent to defeat forfeiture of the property;

(b)

The person did not know and did not have reason to know that the property constituted proceeds or an instrumentality of prohibited conduct; and

(c)

The claimant did not acquiesce in the criminal conduct as described in ORS 131A.255 (Standards of proof in forfeiture action) (4).

(3)

An affidavit under subsection (1) or (2) of this section must be filed within 30 days after service of the summons and complaint. The failure to file the affidavit or other responsive pleading under ORS 131A.235 (Responsive pleading) within the time allowed constitutes a default.

(4)

A forfeiting agency may file objections to any or all of the assertions made in an affidavit filed under subsection (1) or (2) of this section. The objections must be filed within 20 days after the filing of an affidavit under subsection (1) or (2) of this section. The person filing the affidavit may respond to the objections by filing a supplemental affidavit limited to the matters stated in the affidavit of the forfeiting agency. The responding affidavit must be filed not later than five days after the forfeiting agency files objections.

(5)

If a forfeiting agency does not file objections within the time allowed by subsection (4) of this section, the interest of the person filing the affidavit is conclusively established for all purposes under this chapter. [2009 c.78 §29]

Source
Last accessed
May. 15, 2020