Subscribe to RSS FeedRight, Fulweiler. So you say you can arrest a vessel, huh. Now how's that done?
It'll probably vary slightly between jurisdictions, but typically a lawsuit is started, the Court is asked to issue a warrant of arrest, and the United States Marshall's Service serves the warrant and seizes the vessel. Of course, I'm talking in very broad terms.
There's a lot of details that need to be treated such as providing the Marshall with an upfront deposit of monies from which it can draw-down for payment of its expenses, deciding whether a Substitute Custodian should be appointed to care for the vessel, publishing notice of the arrest, etc. Your admiralty attorney can walk you through the specifics.
The procedure is one thing, but remember that a vessel arrest doesn't mean the Plaintiff (the individual/entity initiating the lawsuit) automatically gains possession of the vessel. Ask your attorney to explain this important point. Feel free to tell your attorney that I like to explain that with a vessel arrest, the Court is taking the property and tucking it under its wing until the dispute is resolved and it makes a determination as to the disposition of the vessel.
Hey, PAN-PAN, PAN-PAN, PAN-PAN. Listen up friends, a reminder that this Blog is for fun. It provides general information designed to encourage some small talk and maybe allow you to spot an issue that will have you picking up the phone to call your attorney. There are no legal opinions rendered, no warranty as to anything I say, and for goodness sake, don't rely on anything you read here. If you want legal advice, talk to an attorney.
Underway and making way.
--- JKF
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