What is the Maritime attachment and Garnishment ?

We are a foreign company with no registration or activities in the US. One shipping company has filed a court complaint against our company. The court issued a Maritime attachment and Garnishment order without inviting us defend our company.
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Answers (2)

Sterling James Stires

Sterling James Stires

Contributor Level 3
Maritime liens can arrise under many circumstances, and the vessel does not need to be U.S. flagged for a lien holder to obtain a maritime lien. Your specific situation should be addressed by a maritime lawyer familiar with the attachment and lien procedures. There are many good maritime lawyers in the New York area that would be able to handle this type of case. If the company obtained the attachment without any cause, they may be liable to you for the financial damage that it has caused. Again, this is a question that should be answered by a maritime attorney as the specific facts of your case will determine the course of action needed to take to remove the lien.
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Gordon Charles Webb

Gordon Charles Webb

Contributor Level 4
Maritime Attachment also referred to Garnishment is used to acquire personal jurisdiction, to the extent of the value of the property seized, over a defendant that cannot be found in the district were the action is filed. For example, the crew of fishing boat owed wages for work performed unable to locate the vessel's owner within the district can establish personal jurisdiction over the owner by attaching the pursing a Rule B attachment of the vessel located within the district. The attachment and / or garnishment then acts as security for any judgment that might be obtained in the action. When process in rem or of maritime attachment or garnishment has been issued, the vessel may be seized only in the district issuing the process. Once this is done the U.S. Marshall can then auction the vessel or property attached to satisfy any judgment.
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