Oregon Statutes 131A.240 – Response by affidavit
(1) In lieu of filing a responsive pleading under ORS § 131A.235, 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.
Terms Used In Oregon Statutes 131A.240
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Financial institution: means any person lawfully conducting business as:
(a) A financial institution or trust company, as those terms are defined in ORS § 706. See Oregon Statutes 131A.005
- Forfeiting agency: means a public body that is seeking forfeiture of property under this chapter. See Oregon Statutes 131A.005
- Instrumentality: has the meaning given in ORS § 131. See Oregon Statutes 131A.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Summons: Another word for subpoena used by the criminal justice system.
(2) In lieu of filing a responsive pleading under ORS § 131A.235, 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 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 (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 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]