• What is required to arrest a vessel?
    Under the maritime law, a vessel is responsible for its own debts, just as if it were a corporation or a person. However, because vessels are mobile, admiralty law in every maritme nation allows for vessels to be seized, or "arrested" as security for the debt.

    In the United States, claims can be brought against vessels only in a United States District Court where the vessel is then located - if the vessel sails away before the arrest is complete, the court loses jurisdiction over the claim.

    The process involves filing a verified lawsuit in the federal court along with motions requesting the court to issue a warrant of arrest. Once this is done, the US Marshal is dispatched to board the vessel and place it under his or her control. The Marshal will place guards on or near the vessel (depending on its size) until relieved of the obligation to do so by the court.

    Arresting a vessel is an expensive proposition. In addition to the legal fees associated with preparing the complaint, motion for arrest, arrest warrant, etc., the federal courts require a filing fee of $350.00. More importatnly, the US Marshal requires $5000.00 in advance to cover the costs of guards and insurance; this wil have to be supplemented periodically unless a substitute custodian is appointed to relieve the Marshal of the obligation to secure the vessel during the litigation. Notice of the arrest also must be published in the newspaper at a cost of $1000 or more, depending on the local market.