(a) Suits Filed In Forma Pauperis. In suits in
forma pauperis no process in rem shall issue except upon proof of 24 hours’
notice to the owner of the property or his agent, of the filing of the
complaint unless allowed by the court.
(b) Service. In actions in personam where the debts, credits or effects
named in any process of maritime attachment and garnishment are not delivered
up to the marshal by the garnishee or are denied by him to be the property of
the defendant it shall be a sufficient service of such process to leave a copy
thereof with such garnishee, or at his usual residence or place of business,
with notice of the property attached. On return by the marshal, the plaintiff
may proceed to a hearing and final judgment in the cause on providing proof to
the satisfaction of the court that the property belongs to defendant.
In actions in rem, process against freight or proceeds of property in
possession of any person may be served in the same manner.
(c) Judgment of Default. On the expiration of the time to
answer, if no pleading under Fed.R.Civ.P.
12 has been filed, the plaintiff may have an ex parte hearing of the cause
and a judgment without notice, except that:
(1) if an appearance has been filed, 7 days’ notice of the hearing shall be
given by the plaintiff to all persons who have appeared; and
(2) final judgment shall not enter against arrested or attached property until
it is shown by affidavit that notice of the motion has been given to the owner
of the property, if known to the plaintiff, or otherwise to the owner’s agent,
if known and to any holder of any security interest in the vessel arrested or
attached, recorded in the records of the United States Coast Guard.
The notice shall be by first class mail to the mailing address of record or to
the last known address. Failure to give notice as provided by this rule may be
grounds for setting aside the default under applicable rules, but shall not
affect title to property sold under a judgment.
Amended November 19, 2009