(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 within the time allowed.(2) At any time after the time for filing a claim under ORS 131A.165 has expired, a forfeiting agency may petition the circuit court specified in ORS 131A.225(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.
