Title 28Judiciary and Judicial ProcedureRelease 119-73

§1655 Lien enforcement; absent defendants

Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 111— - GENERAL PROVISIONS › § 1655

Last updated Apr 6, 2026|Official source

Summary

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

Title 28, §1655

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1655

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73