28-U.S.C.-1655
§1655 – Lien Enforcement; Absent Defendants
Pathway
Title 28 > Part V > Chapter 111 > Section 1655
Details
- Reference: Section 1655
- Legend: §1655 – Lien Enforcement; Absent Defendants
- USCode Year: 2013
Provision Content
In an action in a district court to enforce any lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district, where any defendant cannot be served within the State, or does not voluntarily appear, the court may order the absent defendant to appear or plead by a day certain.
Such order shall be served on the absent defendant personally if practicable, wherever found, and also upon the person or persons in possession or charge of such property, if any. Where personal service is not practicable, the order shall be published as the court may direct, not less than once a week for six consecutive weeks.
If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process within the State, but any adjudication shall, as regards the absent defendant without appearance, affect only the property which is the subject of the action. When a part of the property is within another district, but within the same state, such action may be brought in either district.
Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance, and thereupon the court shall set aside the judgment and permit such defendant to plead on payment of such costs as the court deems just.
(June 25, 1948, ch. 646, 62 Stat. 944.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §118 (Mar. 3, 1911, ch. 231, §57, 36 Stat. 1102).
Word action was substituted for suit, in view of Rule 2 of the Federal Rules of Civil Procedure.
In view of Rule 4(f) of the Federal Rules of Civil Procedure permitting service of process anywhere within the territorial limits of the States, the word State was substituted for district in the first and third paragraphs.
Changes were made in phraseology.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1655 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1655, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Judicial Procedure
In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.
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