§ 2713. — Trial of ownership of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2713]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 173--ATTACHMENT IN POSTAL SUITS
Sec. 2713. Trial of ownership of property
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. 86-682, Sec. 9, Sept. 2, 1960, 74 Stat. 707.)
Codification
Section was derived from R.S. Sec. 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. Sec. 927
was reclassified to section 840 of Title 39. R.S. Sec. 927 was repealed
by section 12(c) of Pub. L. 86-682 (section 1 of which revised and
enacted Title 39), and reenacted by section 9 thereof as section 2713 of
this title.
