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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 2713 Trial of ownership of property us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 173 ATTACHMENT IN POSTAL SUITS 2713 28 U.S.C. § 2713 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/s2713 data/legal/raw/us/code/title-28/usc28.xml 8b5023be86d16bd61cf3fc7e0101fa3a7d19e5c3207db8b35e3d2136ab5f797a 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 82601155e71e154c840b93981cc6c24765b7f31ae644c6a6a61f742b3ee7fbeb 2026-07-04 official
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28 U.S.C. § 2713 - Trial of ownership of property

Text

Not later than twenty days before the return day of a warrant issued under section 2712 of this title, the party whose property is attached, on notice to the United States Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the property attached. The court, upon application of either party, shall order a trial by jury of the issues. Where the parties, by consent, waive a trial by jury, the court shall decide the issues. A party claiming ownership of the property attached and seeking its return is limited to the remedy afforded by this section, but his right to an action of trespass, or other action for damages, is not impaired.

(Added Pub. L. 86682, § 9, Sept. 2, 1960, 74 Stat. 707.)

Notes

Editorial Notes

Codification Section was derived from R.S. § 927, which was originally classified to section 740 of former Title 28. Following the general revision and enactment of Title 28 by act June 25, 1948, R.S. § 927 was reclassified to section 840 of Title 39. R.S. § 927 was repealed by section 12(c) of Pub. L. 86682 (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as section 2713 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Sept. 1, 1960, see section 11 of Pub. L. 86682, 74 Stat. 708.