Central District of California - Civil Division

Overview

There are several sources of authority that enables the U.S. Marshal as the enforcement officer of the court to perform his/her duties. The primary statue is 28 USC § 566 which directs the Marshal to serve all lawful writs and gives the U.S. Marshal the powers of the sheriff.

The manner in which the U.S. Marshal completes these tasks comes from federal law and state law as adopted under federal law. 28 USC §1921 provides the marshal’s authority to collect fees and expenses; 28 USC §1369, §1392, §1692, §169 provides multidistrict jurisdiction of process; the Federal Rules of Civil Procedure (FRCivP) Rules 4 provides guidance on service of process by the U.S. Marshal; and FRCivP Rule 64 and 69 provides the marshal the use of state law as procedure to enforce attachments and judgment executions.

C/CA will use the California Code of Civil Procedures (CA CCP) as state statute authority for service of process. Furthermore, local court rules and departmental, agency, and district policy implement the authority of the Marshal.

C/CA

Most civil writ process questions can be found on this website. Requests can be resolved by phone or email. If you have additional questions that cannot be found on this site, please call the U.S. Marshals Service (USMS) Central District of California (C/CA) Civil Division at (213) 559-5884, Monday-Friday from 8:00am to 5:00pm. We can also be reached by email at cac.civilpauper@usdoj.gov.

Contact Information:
Email: cac.civilpauper@usdoj.gov

All civil writ process packets are to be mailed to:

U.S. Marshals Service 
350 W. 1st St, Ste. 3001
Los Angeles, CA 90012
Attn: Civil Division

Registered Process Servers (RPS):
Please contact the Supervisory Deputy U.S. Marshal (SDUSM) or Civil Clerk for specific instructions on how to open a file with the USMS. Instructions are different for RPSs.

NOTE: LEVIES ARE EXECUTED IN THE ORDER RECEIVED. WE DO NOT GUARANTEE TO LEVY ON SPECIFIC DATES/TIMES.

Levy and Seizure Procedures:

Personal Property

IF THE PROPERTY IS IN THE POSSESSION OF THE DEBTOR USM285s: RPS Service:          One USM285 set USMS Service:          One USM285 set for each party to be served For each debtor packet: Please include an addressed/stamped envelope	One Instruction to U.S. Marshal for the levy; The required number of USM285s (see left); and 1. U.S. Marshals Packet (Action Set) a. Writ (Execution or Attachment) b. Notice of Levy/Notice of Attachment c. Judgment (Judgments only)      d. Right to Attach Order (Attachments only) 2. Debtor(s) Packet (one for each debtor) a. Writ          b. Notice (Addressed to Recipient) c. If Debtor is a Natural Person: i. Claim of Exemption Form (EJ160)          ii. Financial Statement (EJ165)          iii. List of Exemptions (EJ155)          iv. Dollar Amount of Exemptions (EJ156) 3. 3rd Party Set for each non-debtor party that may interest in the property a. Writ b. Notice (Addressed to Recipient)       c. Instructions for filing a claim
IF THE PROPERTY IS IN THE POSSESSION OF SOMEONE OTHER THAN THE DEBTOR (GARNISHEE) USM285s: RPS Service:          One USM285 set USMS Service:          One USM285 set for each party to be served For each debtor packet: Please include an addressed/stamped envelope	One Instruction to U.S. Marshal for the levy; The required number of USM285s (see left); and 1. U.S. Marshals Packet (Action Set) a. Writ of Execution b. Notice of Levy /Notice of Attachment c. Memorandum of Garnishee   d. Judgment (Judgments only)     e. Right to Attach Order (Attachments only) 2. Garnishee's Packet a. Writ          b. Notice (Addressed to Garnishee) c. Memorandum of Garnishee (2) 3. Debtor(s) Packet (one for each debtor) a. Writ          b. Notice (Addressed to Recipient) c. If Debtor is a Natural Person: i. Claim of Exemption Form (EJ160) ii. Financial Statement (EJ165)          iii. List of Exemptions (EJ155)          iv. Dollar Amount of Exemptions (EJ156) 4. 3rd Party Set for each non-debtor party that may interest in the property a. Writ b. Notice (Addressed to Recipient) c. Instructions for filing a claim

Wage Garnishment

USM285s: RPS Service:          One USM285 set USMS Service:          One USM285 set for each party to be served

No USMS Instructions Form The required number of USM285s (see left); and 1. U.S. Marshals Packet a. Writ of Execution          b. Application for Earnings Withholding Order (WG-001) c. Earnings Withholding Order (WG-002) d. Employer's Return (WG-005) 2. Employer's Packet (Action Set) – the employer is responsible for notifying the debtor a. Earnings Withholding Order (WG-002) – 2 copies (Employer/Employee) b. Employee's Instructions (WG-003)    c. Employer's Return (WG-005) d. Claim of Exemption Form e. List of Exemptions (EJ155) f. Dollar Amount of Exemptions (EJ156)

Real Property

IF THE PROPERTY OCCUPIED BY THE DEBTOR NOTE: IT IS THE RESPONSIBILITY OF THE REQUESTOR TO CONTACT THE COUNTY RECORDER TO DETERMINE RECORDING FEES AND METHOD OF PAYMENT USM285s: RPS Service: One USM285 set USMS Service: One USM285 set for each party to be served For each debtor packet: Please include an addressed/stamped envelope	One Instruction to U.S. Marshal for the levy; The required number of USM285s (see left), and; 1. U.S. Marshals Packet (Action Set) a. Writ (Execution or Attachment)    b. Notice of Levy /Notice of Attachment c. Judgment (Judgments only)          d. Right to Attach Order (Attachments only) 2. Recorder Packet a. Writ b. Notice (Addressed to County Recorder) c. Check payable to the County Recorder for recording fees 3. Debtor Packet for Post/Service on Property (Debtor-Occupant) a. Writ b. Notice (Addressed to Recipient) c. If Debtor is a Natural Person: i. Claim of Exemption Form (EJ160) ii. Financial Statement (EJ165) iii. List of Exemptions (EJ155) iv. Dollar Amount of Exemptions (EJ156) 4. 3rd Party Set for each non-debtor party that may interest in the property a. Writ b. Notice (Addressed to Recipient) c. Instructions for filing a claim
IF THE PROPERTY IS OCCUPIED BY SOMEONE OTHER THAN THE DEBTOR USM285s: RPS Service:            One USM285 set USMS Service:            One USM285 set for each party to be served For each debtor packet: Please include an addressed/stamped envelope	One Instruction to U.S. Marshal for the levy; The required number of USM285s (see left); and 1. U.S. Marshals Packet (Action Set)  a. Writ (Execution or Attachment) b. Notice of Levy /Notice of Attachment c. Judgment (Judgments only)       d. Right to Attach Order (Attachments only) 2. Recorder Packet a. Writ b. Notice (Addressed to County Recorder) c. Check payable to the County Recorder for recording fees 3. Occupant Packet for Post/Service on Property a. Writ of Execution b. Notice (Addressed to Occupant) 4. Debtor Packet a. Writ b. Notice (Addressed to Recipient) c. If Debtor is a Natural Person: i. Claim of Exemption Form (EJ160) ii. Financial Statement (EJ165)      iii. List of Exemptions (EJ155)   iv. Dollar Amount of Exemptions (EJ156) 5. 3rd Party Set for each non-debtor party that may interest in the property a. Writ b. Notice (Addressed to Recipient) c. Instructions for filing a claim

Writ of Possession

USM285s: U.S. Marshals Service:    One USM285 set for each party to be served

One Instruction to U.S. Marshal for the levy; The required number of USM285s (see left); and 1. U.S. Marshals Packet (Action Set) a. Writ of Possession or Court Order 2. Occupant Packet – to be posted or provided to occupant a. Writ of Possession or Court Order b. Claim of Right of Possession form (if not previously provided)

Sale of Property

Sale of Real Property which contained a dwelling requires an Order for Sale and a USM285. A sale pursuant to Writ of Sale       does not require an additional USM285.

1. Posting Notice in a Public Space 2. Publishing Notice in local papers 3. Conducting the Sale       4. Post the Property/Serve Occupant 5. Notification by Mail to debtor(s) and interested parties

Release of Property

A single USM285 is required for Release.

When possible, please use form USM285. Include Release and the reason (Judgment satisfaction, Order of the Court, Party Agreement, etc.) in the Special Instructions block.

Admiralty, Warrants of Arrest in Rem and Maritime Writs of Attachment

This information covers the service and execution of Warrants of Arrest in Rem and Maritime Writs of Attachment subject to laws of admiralty. Because admiralty falls under federal jurisdiction, the U.S. Marshal will execute the process in accordance with Federal Rules of Civil Procedure, Supplemental Rules – Admiralty or Maritime Claims, local rules, and the Orders of the Court. The property to be arrested or attached must be within the district in which the Warrant or Writ is issued at the time of execution by the Marshal.

PROCESS REQUIRED

Warrant of Arrest in Rem or Writ of Attachment Authority to move the vessel at the discretion or direction of the harbor master or United States Coast Guard Directions for how to deal with the ship’s crew and other innocent third parties Directions for how to deal with cargo (large vessel) Directions for how to deal with personal property (small vessel) Verified Summons and Complaint Order for Substitute Custodian An affidavit from the custodian stating that custodian has the financial ability or sufficient insurance coverage to ensure that the substitute custodian can respond to any damages or injuries that might result from the negligence of the substitute custodian (Custodian must be bonded or insured for a minimum of 1 million dollars) Directions for USMS to transfer custody to custodian Statement that plaintiff will cover expenses for substitute custodian Statement that expenses of substitute custodian should be considered custodia legis Statement that releases the USMS from all liability and responsibility once vessel is transferred to the substitute custodian Statement that plaintiff is to hold harmless and indemnify

SUBMISSIONS FOR SERVICE

USM285 (3 Copies) Original Warrant of Arrest in Rem (this will be returned to the Court upon Execution)  Copy for Service upon the Vessel or Property to be Arrested in Rem Copy for the Master of the Vessel or Person having possession of the property Copy for the Substitute Custodian Copy for U.S. Marshal records Verified Summons and Complaint Order for Substitute Custodian Deposit: Required at the time of submission. The deposit must be sufficient to cover the following expenses. If funds deposited to cover expenses have been exhausted and the plaintiff refuses to deposit further funds, the Marshal may petition the Court to release the vessel. U.S. Marshals Service Hours (number of hours x number of deputy marshals). The number of deputies is determined by the U.S. Marshal based on an assessment of the action. The minimum number of deputies for an arrest is two deputies. The minimum number of deputies for a sale is one. Mileage to the place of arrest Insurance (USMS) Keeper, Storage, & Maintenance Expenses (if a Substitute Custodian is not appointed) Expenses associated with Sale (if so ordered by the Court) Document Preparation (if required) The general deposit schedule is as follows: $5000- Vessel under 50’ in length (approximately) $10,000 – Larger vessels (over 50’), Container Ships, Cruise Ships and Tankers Additional deposit may be necessary depending on circumstances (See local Admiralty Rules 4-6)  Plaintiff may request the U.S. Marshal modify the deposit amount. The request must include the reason the modified amount would be sufficient to cover expenses and an agreement to provide additional funds if requested.

ARREST AND ATTACHMENT

Deputy U.S. Marshals will meet with the Substitute Custodian at or near the location of the vessel or property to be seized. The Deputy In Charge (DIC) may also contact the harbor master or dock master. Deputy U.S. Marshals will place the vessel under arrest by posting a copy of the Warrant of Arrest in a conspicuous place at the helm or wheelhouse of the vessel. Deputy U.S. Marshals will provide a copy of the process to the Master of Vessel and/or the ship's agent if present and explain that the vessel is under arrest. Transfer over to the Substitute Custodian The Deputy in Charge will explain that custody of the vessel is being transferred to a Substitute Custodian USMS and Substitute Custodian will document the transfer on a USM102 (a copy will be provided to the Substitute Custodian) The Substitute Custodian may brief the Master on any access and accommodation requirements. Return: The U.S. Marshal will make return to the Court on the Warrant/Writ and on the USM285. A copy of the completed USM285 will be provided to the plaintiff.

RELEASE

When directed by Court Order due to stipulation, settlement, or judgment. Procedure:  The Plaintiff will provide a certified copy of the Order of Release (with raised Seal of the Court) and a copy to the U.S. Marshal along with a USM285. The U.S. Marshal will notify the Substitute Custodian and Master that the vessel has been released. The Substitute Custodian and Master will annotate on USM102 that the vessel is no longer in custody. Return: The U.S. Marshal will make return to the Court on the Order and on the USM285. A copy of the completed USM285 will be provided to the plaintiff. Note: It is on the plaintiff to provide the USMS with a release order immediately. If we do not receive a release order, your office will continue paying for the required insurance until we receive the order and appropriate USM285 to release the vessel.

SALE

Sale may be conducted by U.S. Marshal or by other party (if the Court Order includes provision for such services.) All sales are considered “by the U.S. Marshal” regardless of who conducts the sale. Procedure: The Plaintiff will provide: a certified copy of the Order for (with raised Seal of the Court) and one copy USM285, Process Receipt and Return Prepared USM-62, Notice of Sale in Admiralty U.S. Marshal will publish the Notice of Sale U.S. Marshal will conduct the sale on the date and at the location indicated in the Notice. Upon collection of the successful bid, the U.S. Marshal will prepare and distribute all necessary documentation of the sale and transfer of the vessel/property Return: The U.S. Marshal will make return to the Court on the Order for Sale and on the USM285. A copy of the completed USM285 will be provided to the plaintiff.

Instructions for Writ Process (See USMS Civil Forms Below)

A letter of instruction must accompany all writ process or notices brought to the Marshal for service or enforcement (CCP 262, 684.130, 687.010 etc.). This letter of instruction is required by law and must include information specific to the type of process or notice the Marshal is requested to serve and/or execute.

Note:

• The Marshal’s Office is not able to provide any legal advice.
• The requesting party should be familiar with the specific legal requirements of the process or notice prior to submitting paperwork.
• Any paperwork received that is incorrect and/or incomplete will be returned to the requesting party identifying areas that require correction.
• When requesting service, it is important to pay special attention to time restrictions. If a court date is scheduled, the documents must be served within a specified number of days prior to the hearing.        
   

USMS Civil Division Forms

• USM-285 Process Receipt and Return

USMS Instructions Forms

• Admiralty
• Bank Levy
• Personal Property Levy
• Real Property Levy
• Writ of Attachment
• Writ of Possession/Writ of Assistance

Because federal rules embrace state procedures for execution of civil process, forms created by the Judicial Council (CA) may be used if a federal court order is not required or desired. This list is not all-inclusive. All Judicial Council forms are available at: https://www.courts.ca.gov/forms.htm

Fees/Deposits

USC Sec. 1921 establishes the fees for service of process by the U.S. Marshal. The Marshal is required by law to charge fees for most civil processes and enforcement of judgment actions. Fees must be paid in advance. The Marshal is entitled to his fees whether service and/or execution was successful or not. The amount of deposit should cover the anticipated costs. If the deposit exceeds the expenses, the balance will be refunded to the requestor.

_{***Additional funds may be required once the file is reviewed, and actual costs are determined. All fees shall be paid prior to services rendered. ***}           
 

For more information on USMS Service of Process Resources, please visit the links below:

Civil Process

• Admiralty
• Foreign Process
• Hague Convention on the Service Abroad
• Injunctions/Temporary Restraining Orders
• Juror Summons
• Sales
• Waiver of Service: Pauper and Seaman Cases
• Warrant of Arrest in Rem
• Writ of Assistance
• Writ of Attachment
• Writ of Body Attachment
• Writ of Execution
• Writ of Garnishment
• Writ of Replevin
• Writ of Sequestration

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