28 U.S.C. § 2713 — Trial of ownership of property
submitted 66 years ago by Pub. L. 86-682 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 124 words · no verdicts yet
The owner of attached property may challenge the attachment by filing a plea in abatement at least 20 days before the warrant’s return date. The court must provide a jury trial if either party asks, unless both parties waive it.
No later than 20 days before the return date of a warrant issued under section 2712 of this title, the person whose property was attached may, after notifying the United States Attorney, file a plea in abatement. The plea may deny the affidavit’s allegations or deny that the defendant owns the attached property. If either party applies, the court must order a jury trial on those issues. If the parties agree to waive a jury trial, the court decides the issues. A person claiming the attached property and seeking its return may use only the remedy provided by this section for that purpose, but this does not take away the person’s right to sue for trespass or other damages.
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.
Source credit: (Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)
- 1960Enacted · Pub. L. 86-682 · 74 Stat. 707
A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-682 on 1960-09-02.
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