Fed. R. Civ. P. Supp. R. B

(1) W HEN AVAILABLE; C OMPLAINT, A FFIDAVIT, J UDICIAL AUTHORIZATION, AND PROCESS. In an in personam action:

(a) If a defendant is not found within the district when a

verified complaint praying for attachment and the affidavit

required by Rule B(1)(b) are filed, a verified complaint may

contain a prayer for process to attach the defendant’s tangible

or intangible personal property—up to the amount sued for—

in the hands of garnishees named in the process.

(b) The plaintiff or the plaintiff’s attorney must sign and file

with the complaint an affidavit stating that, to the affiant’s

knowledge, or on information and belief, the defendant cannot

be found within the district. The court must review the complaint and affidavit and, if the conditions of this Rule B appear to exist, enter an order so stating and authorizing process

of attachment and garnishment. The clerk may issue supplemental process enforcing the court’s order upon application

without further court order.

(c) If the plaintiff or the plaintiff’s attorney certifies that

exigent circumstances make court review impracticable, the

clerk must issue the summons and process of attachment and

garnishment. The plaintiff has the burden in any post-attachment hearing under Rule E(4)(f) to show that exigent circumstances existed.

105 Rule C FEDERAL RULES OF CIVIL PROCEDURE

(d)(i) If the property is a vessel or tangible property on board

a vessel, the summons, process, and any supplemental process

must be delivered to the marshal for service.

(ii) If the property is other tangible or intangible property,

the summons, process, and any supplemental process must be

delivered to a person or organization authorized to serve it,

who may be (A) a marshal; (B) someone under contract with

the United States; (C) someone specially appointed by the

court for that purpose; or, (D) in an action brought by the

United States, any officer or employee of the United States.

(e) The plaintiff may invoke state-law remedies under Rule

64 for seizure of person or property for the purpose of securing

satisfaction of the judgment.

(2) NOTICE TO DEFENDANT. No default judgment may be entered

except upon proof—which may be by affidavit—that:

(a) the complaint, summons, and process of attachment or

garnishment have been served on the defendant in a manner

authorized by Rule 4;

(b) the plaintiff or the garnishee has mailed to the defendant

the complaint, summons, and process of attachment or garnishment, using any form of mail requiring a return receipt;

or

(c) the plaintiff or the garnishee has tried diligently to give

notice of the action to the defendant but could not do so.

(3) ANSWER.

(a) By Garnishee. The garnishee shall serve an answer, together with answers to any interrogatories served with the

complaint, within 21 days after service of process upon the

garnishee. Interrogatories to the garnishee may be served with

the complaint without leave of court. If the garnishee refuses

or neglects to answer on oath as to the debts, credits, or effects of the defendant in the garnishee’s hands, or any interrogatories concerning such debts, credits, and effects that may

be propounded by the plaintiff, the court may award compulsory process against the garnishee. If the garnishee admits

any debts, credits, or effects, they shall be held in the garnishee’s hands or paid into the registry of the court, and shall be

held in either case subject to the further order of the court.

(b) By Defendant. The defendant shall serve an answer within

30 days after process has been executed, whether by attachment of property or service on the garnishee.

(As added Feb. 28, 1966, eff. July 1, 1966; amended Apr. 29, 1985, eff.

Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 17, 2000, eff. Dec.

1, 2000; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.)