DEFAULT IN ACTION IN REM (a) Notice Required

U.S. District Court for the Central District of California

Rule Set: Local Rules for Admiralty and Maritime Claims and Asset Forfeiture Actions, Central District of California

Rule: C.4

Jurisdiction: CACD

Bluebook Citation: C.D. Cal. L.R. Adm. C.4

All Rules: C.D. Cal. Local Admiralty Rules, complete index


Text

A party seeking a default judgment in an action in rem must show that due notice of the action and arrest of the property has been given: (1) by publication as required in Local Admiralty Rule C.3; (2) (3) by service upon the master or other person having custody of the property; and by first-class mail to every other person who has not appeared in the action and is known to have an interest in the property. (b) Persons with Recorded Interest. (1) (2) (3) If the defendant property is a vessel documented under the laws of the United States, plaintiff must attempt to notify by first-class mail all persons named in the United States Coast Guard certificate of ownership. If the defendant property is a vessel numbered as provided in the Federal Boat Safety Act, plaintiff must attempt to notify by first-class mail the persons named in the records of the issuing authority.

If the defendant property is of such character that there exists a governmental registry of recorded property interests or security interests in the property, the plaintiff must attempt to notify by first-class mail all persons named in the records of each such registry. 12/1/18 Chapter II - 4 LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA (c) Failure to Give Notice. Failure to give notice as provided by this Rule shall be grounds for setting aside the default under applicable rules but shall not affect title to property sold pursuant to order of sale or judgment.

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