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Title 28, Judiciary and Judicial ProcedureRelease 119-102

§1655 Lien Enforcement; Absent Defendants

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

Last updated Aug 21, 2026|Official source

Summary

A court can order a defendant who can’t be served in the State or who won’t appear in a lien case to show up or file an answer by a set date. If possible, the order must be personally delivered to that person and to anyone holding the property. If personal delivery isn’t possible, the order must be published at least once a week for six consecutive weeks. If the defendant still does not respond, the court may go ahead as if they had been served, but any judgment for that person will only affect the property in the case. If part of the property is in another district of the same State, the case may be brought in either district. A defendant who was not personally notified may, within one year after final judgment, appear, have the judgment set aside, and plead if they pay 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 28, Judiciary and Judicial Procedure

Last Updated

Aug 21, 2026

Release point: 119-102