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.