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Civil Process

Description

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 U.S. Marshals Service 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.