What if you have a federal judgment in the central district of southern California, and you have located available judgment debtor assets in northern California? Do you need to register your judgment in northern California? Will your writ of execution intended for a US Marshal in the central district of California allow a process server to serve the writ and levy in northern California?
One of many judgment-related articles: I am not a lawyer, I am a judgment broker, and this article is my opinion based on my experience, please consult with a lawyer if you need legal advice.
Especially for bank levies, the answer is usually yes, if you use a registered process server to serve the writ and levy, and not the US Marshal. Sometimes you may need to get another writ. Note that the Marshal will always be the levying officer, and some federal Marshal’s offices have really weird hours.
An example of a federal writ is at www.cacd.uscourts.gov/sites/default/files/documents/Writ- of-Execution-Public-Instructions.pdf”
In my experience, it is fairly easy to get another writ in some other federal court, and you do not need to register the judgment in the new federal court. However, you may want to register your judgment with the local federal court to get free writs, and other benefits.
To use a registered process server, usually you need to file with the local federal district court, something called a REQUEST AND ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER, see Federal Rule of Civil Procedure Rule 4.1(a). Then, your process server can serve your writ anywhere within the jurisdiction of the court.
Rules are not the same in all federal district courts, so check with the court. In the central district of California, they have Rule 4(c) for a summons and Rule 4.1(a) for all other types of service. In that district, you must include wording that states “The US Marshal’s Office will remain the Levying Officer” in your proposed order. In the southern district (San Diego or the Northern district) there is no need to designate a specific authorized person of any kind.
A REQUEST AND ORDER FOR SERVICE OF PROCESS BY REGISTERED PROCESS SERVER pleading looks something like this:
Case # CASE NUMBER
Pursuant to the provisions of Rule 4.1(a) of the Federal Rules of Civil Procedure, NAME OF JUDGMENT CREDITOR, hereby requests this honorable court to ORDER that NAME OF PROCESS SERVER, who is at least 18 years of age, of suitable discretion, not a party to the within action, and a STATE NAME Registered Process Server, Registration # REGISTRATION NUMBER in NAME OF COUNTY, be authorized and appointed to serve levies under writs of execution, subpoenas, orders to appear for examination and other such process necessary to effect post-judgment enforcement of the judgment in the within matter. The Office of the U.S. Marshal will continue and remain as the levying officer in the within matter.
I declare under penalty of perjury under the laws of the State of STATE that the foregoing is true and correct to my own knowledge, except as to those matters which are herein alleged on information and belief, and as to those matters, I believe them to be true.
Assignee of Record and Judgment Creditor
YOUR NAME AND SIGNATURE.
Then, supply your proposed order directly under your request, and that should look something like this:
Case # CASE NUMBER
(PROPOSED) ORDER OF THE COURT
IT IS ORDERED, ADJUDGED AND DECREED: That NAME OF PROCESS SERVER, a NAME OF STATE Registered Process Server, # REGISTRATION NUMBER in NAME OF COUNTY, is hereby authorized and appointed to serve levies under writs of execution, subpoenas, orders for examination, and other such processes necessary to effect post-judgment enforcement of the judgment in the within matter; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED: That the Office of the U.S. Marshal will continue and remain as the levying officer in the within matter.
Honorable NAME OF JUDGE
Dated DATE
Judge, U.S. Bankruptcy Court
What if you want to file a “Notice of Lien” in a federal case? Can a notice of lien be placed on your debtor, if they are a plaintiff in a federal case; based on a civil money judgment from a state court case? Federal Rule of Civil Procedure Rule 69, subdivision (a)(1) and (2), suggests that it can be done. You should probably also serve the debtor with a debtor examination, and give notice to the plaintiff’s lawyer(s) in the federal case, along with a copy of the proof of service, citing In Re Burns (9th Cir. BAP 2003) 291 BR 846.