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LegalText 28 U.S.C. § 1655 Lien enforcement; absent defendants us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 111 GENERAL PROVISIONS 1655 28 U.S.C. § 1655 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s1655 data/legal/raw/us/code/title-28/usc28.xml 5907462adb8c1d7e3dcd3ec1098f5b87a6980e5aa7853bda636e86b1460877a5 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf ce9652535f18457a60f6511e267d0b72c97e7b3874912a92a832b6c0bb4bc8a1 2026-07-04 official
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28 U.S.C. § 1655 - Lien enforcement; absent defendants

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.

(June 25, 1948, ch. 646, 62 Stat. 944.)

Notes

Historical and Revision NotesBased 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.