{"id":4463,"date":"2017-08-10T15:04:57","date_gmt":"2017-08-10T15:04:57","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4463"},"modified":"2017-08-14T03:04:17","modified_gmt":"2017-08-14T03:04:17","slug":"rule-b-in-personam-actions-attachment-and-garnishment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4463","title":{"rendered":"Rule B \u2013 In Personam Actions: Attachment and Garnishment"},"content":{"rendered":"

(1) When Available; Complaint, Affidavit, Judicial Authorization, and Process<\/strong>. In an in personam action:<\/span><\/p>\n

(a) If a defendant is not found within the district when a verified complaint praying for attachment and the affidavit required by Rule B(1)(b) are filed, a verified complaint may contain a prayer for process to attach the defendant\u2019s tangible or intangible personal property\u2014up to the amount sued for\u2014in the hands of garnishees named in the process.<\/span><\/p>\n

(b) The plaintiff or the plaintiff\u2019s attorney must sign and file with the complaint an affidavit stating that, to the affiant\u2019s knowledge, or on information and belief, the defendant cannot be found within the district. The court must review the complaint and affidavit and, if the conditions of this Rule B appear to exist, enter an order so stating and authorizing process of attachment and garnishment. The clerk may issue supplemental process enforcing the court\u2019s order upon application without further court order.<\/span><\/p>\n

(c) If the plaintiff or the plaintiff\u2019s attorney certifies that exigent circumstances make court review impracticable, the clerk must issue the summons and process of attachment and garnishment. The plaintiff has the burden in any post-attachment hearing under Rule E(4)(f)<\/a> to show that exigent circumstances existed.<\/span><\/p>\n

(d)<\/span><\/p>\n

(i) If the property is a vessel or tangible property on board a vessel, the summons, process, and any supplemental process must be delivered to the marshal for service.<\/span><\/p>\n

(ii) If the property is other tangible or intangible property, the summons, process, and any supplemental process must be delivered to a person or organization authorized to serve it, who may be (A) a marshal; (B) someone under contract with the United States; (C) someone specially appointed by the court for that purpose; or, (D) in an action brought by the United States, any officer or employee of the United States.<\/span><\/p>\n

(e) The plaintiff may invoke state-law remedies under Rule 64<\/a> for seizure of person or property for the purpose of securing satisfaction of the judgment.<\/span><\/p>\n

(2) Notice to Defendant<\/strong>. No default judgment may be entered except upon proof\u2014which may be by affidavit\u2014that:<\/span><\/p>\n

(a) the complaint, summons, and process of attachment or garnishment have been served on the defendant in a manner authorized by Rule 4<\/a>;<\/span><\/p>\n

(b) the plaintiff or the garnishee has mailed to the defendant the complaint, summons, and process of attachment or garnishment, using any form of mail requiring a return receipt; or<\/span><\/p>\n

(c) the plaintiff or the garnishee has tried diligently to give notice of the action to the defendant but could not do so.<\/span><\/p>\n

(3) Answer<\/strong>.<\/span><\/p>\n

(a) By Garnishee.<\/em> The garnishee shall serve an answer, together with answers to any interrogatories served with the complaint, within 21 days after service of process upon the garnishee. Interrogatories to the garnishee may be served with the complaint without leave of court. If the garnishee refuses or neglects to answer on oath as to the debts, credits, or effects of the defendant in the garnishee\u2019s hands, or any interrogatories concerning such debts, credits, and effects that may be propounded by the plaintiff, the court may award compulsory process against the garnishee. If the garnishee admits any debts, credits, or effects, they shall be held in the garnishee\u2019s hands or paid into the registry of the court, and shall be held in either case subject to the further order of the court.<\/span><\/p>\n

(b) By Defendant<\/em>. The defendant shall serve an answer within 30 days after process has been executed, whether by attachment of property or service on the garnishee.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

(1) When Available; Complaint, Affidavit, Judicial Authorization, and Process. In an in personam action: (a) If a defendant is not found within the district when a verified complaint praying for attachment and the affidavit required by Rule B(1)(b) are filed, a verified complaint may contain a prayer for process to attach the defendant\u2019s tangible or … Continue reading Rule B \u2013 In Personam Actions: Attachment and Garnishment<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4109,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4463","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4463"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4463\/revisions"}],"predecessor-version":[{"id":5087,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4463\/revisions\/5087"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4109"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}