Notice of Arrest or Attachment

Notice on execution of process is required when the property that is the subject of the action is released under Supplemental Admiralty Rules.[i] No other notice is required when the property is released under Supplemental Admiralty Rules.

However, if the property is not released within 14 days after execution, the plaintiff is liable to provide public notice of the action and arrest in a newspaper designated by court order and having general circulation in the district.  This publication should be made promptly or within the time the court allows.  However, publication can be terminated if the property is released before publication is finished.

The notice has to specify the time under USCS Admiralty and Maritime Claims R C (6) to file a statement of interest in or right against the seized property and to answer.  Generally, notice filed in compliance with USCS Admiralty and Maritime Claims R C(4) is deemed sufficient to satisfy the due process requirement of the fourteenth amendment.

In Bank of America, NT & SA v. Pengwin, 175 F.3d 1109 (9th Cir. Wash. 1999), it was observed that under all the circumstances, due process requires notice that is reasonably calculated to apprise interested parties about the pendency of the action and afford them an opportunity to present their objections.  It is reasonable to presume that a party with an interest in a vessel will keep itself informed of events concerning that vessel.

[i] USCS Admiralty and Maritime Claims R C(4), USCS Admiralty and Maritime Claims R.C(5)


Inside Notice of Arrest or Attachment