Local Rule Local Admiralty Rule (b): In Personam Actions: Attachment and Garnishment

LOCAL ADMIRALTY RULE (b)

IN PERSONAM ACTIONS: ATTACHMENT AND GARNISHMENT

(1) "Not Found Within the District" Defined. A defendant is considered to be "not found within the district" if, in an action in personam, service upon the defendant cannot be effected in person or upon an authorized officer or agent within the Commonwealth or if the only effective service is through the Clerk of the State Corporation Commission, the Secretary of the Commonwealth, or under the Virginia Long Arm Statute.

(2) Affidavit That Defendant is Not Found Within the District. The affidavit required by Supplemental Rule (B)(2) to accompany the complaint shall list every effort made by and on behalf of plaintiff to find and serve the defendant within the district.

(3) Ownership of Property. In an action where the debts, credits, or effects named in the process of maritime attachment or garnishment are not delivered up to the process server by the defendant or the garnishee, or are asserted by the possessor not to be the property of the defendant, the process shall be served sufficiently by leaving a copy of the process with the defendant, garnishee and possessor, at his or her residence or usual place of business. When the return of service shows that process was so served, and when the plaintiff shows to the satisfaction of the Court that the property does belong to the defendant or the garnishee, the Court may proceed to hear and decide the case.

(4) Use of State Procedures. When the plaintiff invokes a state procedure in order to attach or garnish property under Fed. R. Civ. P. (4)(n)(2), the process of attachment or garnishment shall so state.