Service of Process
Writ of Sequestration:
A writ of sequestration is a prejudgment
process which orders the seizure or attachment of property to be
maintained in the custody of the U.S. Marshal or other designated
official, under court order and supervision, until the court determines
otherwise. The purpose of the writ is to preserve the named property
pending outcome of the litigation.
The writ is normally limited to execution
within the state in which the district court is located unless extended
by federal statute, rule or court order.
Upon posting of an indemnity bond, the clerk
of the U.S. District or Bankruptcy Court issues the writ, under seal, at
the request of a party.
The writ is served by the U.S. Marshal or
another person, presumably a law enforcement officer, specially
appointed by the court in accordance with Federal Rule of Civil
Manner of Service:The writ is served according to the
instructions contained within it and in accordance with state law, which
governs procedures for sequestration.
The requesting party may be required to
provide an indemnity bond and an advance deposit to cover the U.S.
Marshal's estimated out-of-pocket expenses.
The requesting party should accompany the
U.S. Marshal in executing the writ so that he or she may answer any
questions that may arise.
Generally, the U.S. Marshal will maintain custody of the seized property
under court supervision. Alternatively, the requesting party may be
named substitute custodian for the U.S. Marshal and maintain direct
responsibility for custody of the seized property, either by court order
or by written agreement with the U.S. Marshal. If the requesting party
has arranged for moving or storage of the property, he or she must
provide the U.S. Marshal with written proof that storage fees have been
paid and that adequate insurance against loss or damage has been
obtained, as evidenced by an insurance certificate. In addition, if the
requesting party is named substitute custodian, he or she must provide
the U.S. Marshal with a signed statement holding the U.S. Marshal
harmless for any damages incurred as a result of the seizure while the
property is in his or her custody.
The individual who effects service shall make proof of service by
recording on the writ a description of the action taken pursuant to the
instructions contained therein. The instructions may require an
inventory to be made including the proper value of the property seized.
Note: The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.