yourstate.us
28 U.S.C. § 1655

Lien enforcement; absent defendants

United States · Title 28 — JUDICIARY AND JUDICIAL PROCEDURE · Status: effective

Get this as JSONEmbed this
Cite this
Citation
28 U.S.C. § 1655, Lien enforcement; absent defendants, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/465314
Permanent ID
ys:prov:465314@1
SHA-256
ded08c4c93643c4c273ae3046ff9f30d3a7aa2331673fcea30c8e45329af2ce9

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

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.

Legislative history

We haven't linked the enacting public law for this provision yet. That means it is missing from our records, not that no law enacted it.