Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 111— - GENERAL PROVISIONS › § 1655
When a court hears a case to enforce or remove a lien on real or personal property and a defendant can’t be found or won’t show up, the court can order that person to appear or file a defense by a set date. The order must be served on that person if possible and also on whoever has the property. If personal service isn’t possible, the court can require publication once a week for six consecutive weeks. If the absent person still does not appear, the court can go on without them, but any decision will only apply to the property in the case. If part of the property lies in another federal district in the same state, the suit may be filed in either district. If a defendant was not personally notified, they can appear within one year after the final judgment to ask the court to set the judgment aside and be allowed to defend, if they pay whatever costs the court finds fair.
Full Legal Text
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
Legislative History
Reference
Citation
28 U.S.C. § 1655
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73