§1655 Lien Enforcement; Absent Defendants

Summary

When a court sues to enforce a lien or clear a claim on property and a defendant can’t be found in the State or won’t show up, the court can order that person to appear or plead by a set date. The court must try to serve the order in person on the absent defendant and on anyone holding the property. If personal service isn’t possible, the order must be published at least once a week for six consecutive weeks. If the defendant still does not appear, the court may go ahead as if they were served, but any judgment against them will affect only the property in the case. If part of the property is in another district of the same State, the case may be filed in either district. A person who was not personally notified may, within one year after the final judgment, appear, ask the court to set the judgment aside, and then plead after paying costs the court thinks are fair.