A party may secure a pre-judgment remedy to secure satisfaction of a potential judgment
as permitted by, and in accordance with, the laws and procedures of the State of New York, but a
federal statute governs to the extent it applies. The requesting party may be required to provide
an indemnity bond. A signed complaint shall be filed, together with a civil cover sheet, proposed
summons(es) (or waiver), before filing an application for one of the following pre-judgment
remedies: arrest, attachment, garnishment, replevin, and sequestration. Any request to seal the
documents shall comply with Local Rule 5.3.
(a) Civil and Criminal Forfeiture Cases. The Court has adopted General Order 15,
a Uniform Procedure for Civil and Criminal Forfeiture Cases, which is available from the Clerk's
office or at the Court's webpage at www.nynd.uscourts.gov.
Pursuant to Title 19, United States Code, Section 1605, the United States Customs and
Border Protection, Champlain, New York, shall be appointed the Substitute Custodian and be
responsible for the execution of warrants of arrest in rem for assets and/or property seized and
forfeited under the laws administered or enforced by the United States Customs Service.
Pursuant to Fed. R. Civ. P. Supp. R. C(3)(b)(ii), personnel of the United States Customs
and Border Protection, Office of Fines, Penalties and Forfeitures, 237 West Service Road,
Champlain, New York, 12919 shall be appointed as special process servers in all cases pertaining
to assets and/or property seized and forfeited under the laws administered or enforced by the
United States Customs Service, to perform the tasks of service by mail, or in person, execution
of the warrants of seizure and monition, publication of the notices of the action in newspapers
having general circulation in the district in which the res were seized, and filing of all returns of
such process with the United States District Court Clerk’s Office for the Northern District of
New York.
(b) Federal Debt Collection Procedure: Exclusive civil procedures for the United
States (1) to recover a judgment on a debt; or (2) to obtain, before judgment on a claim for a
debt, a remedy in connection with such claim.
Pre-judgment Remedies:
• Writ of Attachment: See 28 U.S.C. §3102; For Maritime actions, see
Supplemental Rule B
• Writ of Receivership: See 28 U.S.C. §3103
• Writ of Garnishment: See 28 U.S.C. §3104; For Maritime actions see
Supplemental Rule B
• Writ of Sequestration: See 28 U.S.C. §3105
Post-judgment Remedies:
• Writ of Garnishment: See 28 U.S.C. §3205
• Writ of Execution: See 28 U.S.C. §3203
(1) Papers Required. Attorney shall file an application with affidavit/affirmation;
proposed order; Clerk’s Notice to Debtor; and proposed Writ to the Magistrate
Judge assigned. See 28 U.S.C. §3101.
(2) Request for Hearing:
(A) Pre-Judgment Application for Remedies: The debtor may request a
hearing by filing a written request with the Clerk’s Office, or by checking
the appropriate box at the bottom of the Notice, at any time before
judgment is entered. The Court shall hold a hearing on such motion
within five (5) days, if requested, or as soon thereafter as possible. See 28
U.S.C. §3101(d)(2).
(B) Post-Judgment Application for Remedies: The debtor may request a
hearing by filing a written request with the Clerk’s Office, or by checking
the appropriate box at the bottom of the Notice, within twenty (20) days
after receipt by the debtor of the Notice. The Court shall hold a hearing on
such a motion within five (5) days, if requested, or as soon thereafter as
possible. See 28 U.S.C. §3202(d).
(C) Transfer Case. The debtor may request a transfer of the proceeding from
this District to the District in which the debtor resides not later than twenty
(20) days after receipt of the Notice. Such request must be in writing and
filed with the Clerk’s Office.
