United States District Court

Northern District Of Illinois

Local Rules

Admiralty Rules

LRSupB.1. Attachments & Garnishments: Special Provisions

(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, 5 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.