Service of Process
Writ of Replevin:
A writ of replevin is a prejudgment process
ordering the seizure or attachment of alleged illegally taken or
wrongfully withheld property to be held in the U.S. Marshal’s custody or
that of another designated official, under order and supervision of the
court, until the court determines otherwise. This type of writ is
commonly used to take property from an individual wrongfully in
possession of it and return it to its rightful owner.
The writ is normally limited to execution
within the state in which the district court is located unless extended
by federal statute, rule or court order.
The clerk of the U.S. District or Bankruptcy Court issues the writ,
under seal, at the request of a party, upon posting of an indemnity
The writ is served by the U.S. Marshal or
another person, presumably a law enforcement officer, specially
appointed by the court in accordance with Federal Rule of Civil
Manner of Service
The Writ is served according to the
instructions contained in it and in accordance with state law, which
governs replevin procedures. The requesting party may be required to provide an indemnity bond and an
advance deposit to cover the U.S. Marshal's estimated out-of-pocket
The individual who effects service will
provide proof of service by recording on the writ a description of the
action taken according to the instructions contained in it. The
instructions may require an inventory to be done, including the proper
value of the property seized.
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;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.