28 USC § 2713 - Trial of ownership of property

---
identifier: "/us/usc/t28/s2713"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2713 - Trial of ownership of property"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2713"
section_name: "Trial of ownership of property"
chapter_number: 173
chapter_name: "ATTACHMENT IN POSTAL SUITS"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)"
---


# § 2713. Trial of ownership of property

section 2712 of this title

Not later than twenty days before the return day of a warrant issued under , 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.

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**Source Credit**: (Added Pub. L. 86–682, § 9, Sept. 2, 1960, 74 Stat. 707.)

## 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 , R.S. § 927 was reclassified to . R.S. § 927 was repealed by  (section 1 of which revised and enacted Title 39), and reenacted by section 9 thereof as .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , see , .