1. (1) The court shall enter a judgment finding that a person who claims an interest in property that is the subject of a forfeiture action is in default, and provide for the forfeiture of the claimant’s interest without hearing, if:

   1. (a) The person does not make a claim for the property under ORS 131A.165 or file a responsive pleading under ORS 131A.235; or
   2. (b) The person files a responsive pleading under ORS 131A.235 but is thereafter found to be in default in the forfeiture action.
2. (2) A default judgment may be entered under this section only if the forfeiting agency files an affidavit with the court showing that there was probable cause for seizure of the property.

[2009 c.78 §40]