ORS Chapter 105 — Property Rights

ORS 105.161. plaintiff(s) offered payment of all sums due for storage and any costs of removal of the personal property and demanded return of the property within the time provided by ORS 90.425 or 90.675. ______ Other: ______________ ______________________________________________________________________________ ______________________________________________________________________________ Wherefore, plaintiff(s) pray(s) for possession of the personal property and costs and disbursements incurred herein. ________ ______________ Date Signature of Plaintiff(s) ______________________________________________________________________________ (b) The complaint shall be signed by the plaintiff or an attorney representing the plaintiff as provided by ORCP 17 or verified by an agent or employee of the plaintiff or an agent or employee of an agent of the plaintiff. (c) The answer shall be in substantially the following form and shall be available from the court clerk: ______________________________________________________________________________ IN THE _________ COURT FOR THE COUNTY OF ____________ (Tenant), ) ) Plaintiff(s), ) ) vs. ) No.___ ) (Landlord), ) ) Defendant(s). ) ANSWER I (we) deny that the plaintiff(s) is (are) entitled to possession of the personal property subject of the complaint because: ______ The defendant(s) did not take and do not have possession of any of the property listed in the complaint. ______ The defendant(s) took possession of the personal property as provided in ORS 90.425 or 90.675 after giving written notice that it was considered abandoned, and the plaintiff(s) did not make a timely demand for return of the property. ______ The defendant(s) took possession of the personal property as provided in ORS 90.425 or 90.675 after giving written notice that it was considered abandoned, but not after a sheriffs enforcement of an eviction judgment against the plaintiff(s) as provided in ORS 105.165, and the plaintiff(s) refused to pay charges lawfully due for storage. ______ Other: ______________ ______________________________________________________________________________ ______________________________________________________________________________ I (we) ask that the plaintiff(s) take nothing by the complaint and that I (we) be awarded my (our) costs and disbursements. ________ ______________ Date Signature of defendant(s) ______________________________________________________________________________ (d) The issue at trial shall be limited to whether the plaintiff is entitled to possession of the personal property listed in the complaint. (e) No claim for damages shall be asserted by either party in the action for possession of the personal property under this section, but each party may pursue any claim for damages in a separate action. (f) A party may join an action for possession of personal property with an action for damages or a claim for other relief, but the proceeding is not governed by the provisions of ORS 105.100 to 105.168. (g) If the court determines that the plaintiff is entitled to possession of the personal property that is the subject of the complaint, the court shall enter an order directing the sheriff to seize the personal property to which the court finds the plaintiff entitled, and to deliver that property to the plaintiff. The court may provide that the defendant have a period of time to deliver the property to the plaintiff voluntarily before execution. The costs of execution may be recovered in the manner provided in ORS 18.999. (h) Subject to the provisions of ORCP 68, a prevailing party who has been represented by counsel may recover attorney fees as provided by ORS 90.255.