§ 1655. — Lien enforcement; absent defendants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1655]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 111--GENERAL PROVISIONS
Sec. 1655. Lien enforcement; absent defendants
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., Sec. 118 (Mar. 3, 1911, ch.
231, Sec. 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.
