Page:United States Statutes at Large Volume 76A.djvu/420

–324– -324§ 567. Same; hearing to determine title to property (a) If a verified third party claim is delivered to the officer as provided by section 566 of this title upon levy of execution or attachment, whether an undertaking mentioned in that section is given or not, the plaintiff, or the person in whose favor the writ runs, the third party claimant, or any one or more joint third party claimants, is entitled to a hearing in the court in which the action is pending or from which the writ issued for the purpose of determining title to the property in question. (b) The hearing shall be granted by the court upon petition therefor filed within 10 days after the delivery of the third party claim to the officer. The hearing shall be had within 20 days from the filing of the petition, unless continued as herein provided. Ten days' notice of the hearing shall be given to the officer, to the plaintiff or the person in whose favor the writ runs, and to the third party claimant, or their attorneys, specifying that the hearing is for the purpose of determining title to the property in question; but notice need not be given to the party filing the petition. The court may continue the hearing beyond the 20-day period, but good cause must be shown for any such continuance. (c) The court may order the sale of perishable property held by the officer and direct the disposition of the proceeds of the sale. The court may, by order, stay execution sale, or forbid a transfer or other disposition of the property involved, until the proceedings for the determination of the title may be commenced and prosecuted to termination, and may require, as a condition of (he order, such bond as the court may deem necessary. The orders may be modified or vacated by the judge granting them, or by the court in which the proceeding is pending, at any time prior to the termination of the proceedings, upon such terms as may be just. (d) At the hearing had for the purpose of determining title, the third party claimant has the burden of proof. The third party claim delivered to the officer shall be filed by him with the court and shall constitute the pleading of the third party claimant, subject to the power of the court to permit an amendment in the interest of justice, and it is deemed controverted by the plaintiff or other person in whose favor the writ runs. This section does not deprive anybody of the right to a juiy trial in any case where that right is given by law, but a jury trial may be waived in any such case in like manner as in the trial of an action. Findings are not required in any proceedings under this section. (e) At the conclusion of the hearing the court shall give judgment determining the title to the property in question, which is conclusive as to the right of the plaintiff, or other person in whose favor the writ runs, to have the property levied upon, taken, or held, by the officer and to subject the property to payment or other satisfaction of his judgment. In the judgment the court may make all proper orders for the disposition of the property or the proceeds thereof. If the property or levy has been released by the officer for want of an undertaking, and final judgment is for the plaintiff or other person in whose favor the writ runs, the officer shall retake or levy upon the property on the writ if the writ is still in his hands, or if the writ has been returned, another writ may be issued on which the officer may take or otherwise levy upon the property. (f) An appeal lies from any judgment determining title under this section, to be taken in the manner provided for appeals from the court in which such proceeding is had.

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