Service of Process
Civil Process
The Federal Rules of Civil Procedure, Rules 4 and 4.1, and Rule E(4) of
the Supplemental Rules for Certain
Admiralty and Maritime Claims, clearly define the cases in which the
USMS is responsible for service of civil
process and the manner in which such service will be made.
The Federal Debt Collection Procedures Act
of 1990 (28 USC
3001-3308) created a uniform federal procedural system for the execution
of prejudgment attachment and post judgment execution writs issued for
collection of debt owed to the United States. Prior to the Act, this
area was governed by state law pursuant to
Federal
Rules of Civil Procedure 64 and 69, and federal debt collection
procedures varied among the different federal districts. As a result,
state law procedures no longer apply. Rather, U.S. Marshals are to
follow the Act's uniform federal procedures for attachment and execution
of federal debtor property in a government debt collection court
proceeding.
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;
their local
U.S. Attorney's Office and District Court for
specific, authoritative guidance.
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