(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
(b) The person files a responsive pleading under ORS 131A.235 but is thereafter found to be in default in the forfeiture action.
(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]