---
kind: "section"
citation: "28 U.S.C. § 2713"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "2713"
heading: "Trial of ownership of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/2713"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 173 — Attachment in Postal Suits"
---

# §2713. Trial of ownership of property


Not later than twenty days before the return day of a warrant issued under [section 2712 of this title](/usc/28/2712.md), the party whose [property](/usc/28/3002.md?p=12) is attached, on notice to the [United States](/usc/28/3002.md?p=15) Attorney, may file a plea in abatement, denying the allegations of the affidavit, or denying ownership in the defendant of the [property](/usc/28/3002.md?p=12) attached. The [court](/usc/28/3002.md?p=2), 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](/usc/28/3002.md?p=2) shall decide the issues. A party claiming ownership of the [property](/usc/28/3002.md?p=12) 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.)

## Notes

### 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 R.S. § 927 was repealed by section 12(c) of Pub.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.