ORS 131A.150 Forfeiture notice

A forfeiture notice must contain:

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

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

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

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

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.

______________________________________________________________________________

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.

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.

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, 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.

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.

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

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

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

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

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 (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.