§2713 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Not later than twenty days before the warrant's return day, the seized property's owner must notify the U.S. Attorney and may contest the seizure or ownership. Either party may demand a jury; if both waive, the judge decides. The claimant must use this process but may still sue for trespass or damages.

Title 28, §2713

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was derived from R.S. § 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. § 927 was reclassified to section 840 of Title 39. R.S. § 927 was repealed by section 12(c) of Pub.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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 1, 1960, see section 11 of Pub. L. 86–682, 74 Stat. 708.

§2713 Trial of Ownership of Property