MARITIME LIEN ENFORCEMENT CLAIM

In Rem Action Under Rule C

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IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

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[________________________________],
Plaintiff,

v. Civil Action No. [________________]
IN ADMIRALTY
IN REM

THE VESSEL M/V [________________________________],
her engines, boilers, tackle, apparel,
furniture, and equipment, in rem,
Defendant.

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VERIFIED COMPLAINT TO ENFORCE MARITIME LIEN

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Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, brings this action in rem against the vessel M/V [________________________________] and files this Verified Complaint pursuant to Supplemental Rule C for Admiralty or Maritime Claims, alleging as follows:

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I. NATURE OF THE ACTION

1. This is an action in rem to enforce a maritime lien against the vessel M/V [________________________________], Official Number [________________], her engines, boilers, tackle, apparel, furniture, equipment, cargo, and freight.

2. Plaintiff invokes the admiralty and maritime jurisdiction of this Court and proceeds in rem pursuant to Supplemental Rule C.

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II. ADMIRALTY JURISDICTION

3. This Court has exclusive original jurisdiction over this action pursuant to 28 U.S.C. § 1333(1).

4. This is a civil case of admiralty or maritime jurisdiction within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure.

5. Venue is proper in this District because the Vessel is presently located, or is expected to be found, within this District. Supplemental Rule C(2).

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III. THE VESSEL

6. The Defendant in this action is the vessel M/V [________________________________] (the "Vessel"), described as follows:

a. Official Number: [________________]

b. IMO Number: [________________]

c. Flag State: [________________________________]

d. Home Port: [________________________________]

e. Gross Tonnage: [________________]

f. Net Tonnage: [________________]

g. Length Overall: [________________]

h. Vessel Type: [________________________________]

i. Year Built: [____]

j. Builder: [________________________________]

7. The Vessel is currently located at [________________________________] within this District.

8. The owner of the Vessel is believed to be [________________________________], with an address at [________________________________].

9. Other persons known to have an interest in the Vessel include:

a. [________________________________] (mortgagee/lienholder)

b. [________________________________] (charterer/operator)

c. [________________________________]

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IV. THE MARITIME LIEN

A. Basis of the Lien

10. Plaintiff is a [☐ supplier of necessaries] [☐ repairer] [☐ service provider] [☐ salvor] [☐ crew member] [☐ other: ________________] entitled to a maritime lien against the Vessel.

11. The maritime lien arose under the following statutory and/or common law authority:

☐ a. 46 U.S.C. § 31342 (Maritime Liens for Necessaries)

☐ b. General Maritime Law (Salvage)

☐ c. General Maritime Law (Crew Wages)

☐ d. General Maritime Law (Collision/Tort)

☐ e. General Maritime Law (Contract for Repairs)

☐ f. [________________________________]

B. Provision of Necessaries (If Applicable)

12. Between [__/__/____] and [__/__/____], Plaintiff provided the following necessaries to the Vessel at the request of the [☐ owner] [☐ master] [☐ person entrusted with management] of the Vessel:

Date	Description of Goods/Services	Amount
[__/__/____]	[________________________________]	$[________]
[__/__/____]	[________________________________]	$[________]
[__/__/____]	[________________________________]	$[________]
[__/__/____]	[________________________________]	$[________]
[__/__/____]	[________________________________]	$[________]
	SUBTOTAL	$[________]
	Interest	$[________]
	TOTAL DUE	$[________]

13. The goods and/or services provided constitute "necessaries" within the meaning of 46 U.S.C. § 31301(4), including but not limited to:

☐ a. Repairs to hull, machinery, or equipment

☐ b. Fuel, lubricants, and supplies

☐ c. Provisions and stores

☐ d. Towage services

☐ e. Pilotage services

☐ f. Dockage and wharfage

☐ g. Stevedoring services

☐ h. [________________________________]

14. The goods and services were provided on the order of [________________________________], who was at that time the [☐ owner] [☐ master] [☐ person entrusted with the management of the Vessel] and had authority to bind the Vessel pursuant to 46 U.S.C. § 31341.

C. Other Basis for Maritime Lien (If Applicable)

15. [If crew wages] Plaintiff was employed as [________________________________] aboard the Vessel from [__/__/____] to [__/__/____] and is owed wages in the amount of $[________________].

16. [If salvage] On [__/__/____], Plaintiff rendered salvage services to the Vessel when [________________________________]. The Vessel was in marine peril, the services were voluntary, and the services were successful.

17. [If tort/collision] On [__/__/____], the Vessel [☐ collided with] [☐ caused damage to] Plaintiff's [property/vessel] as a result of [________________________________], giving rise to a maritime tort lien.

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V. DEMAND AND NON-PAYMENT

18. Plaintiff demanded payment from the owner and/or operator of the Vessel on [__/__/____].

19. Despite said demand, the amount owed remains unpaid.

20. Copies of invoices, statements, and demand letters are attached hereto as Exhibit A.

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VI. THE MARITIME LIEN EXISTS AND IS ENFORCEABLE

21. Plaintiff's maritime lien attached to the Vessel at the moment the necessaries were provided, the services were rendered, or the cause of action arose.

22. The maritime lien is a privileged claim upon the Vessel and exists without regard to whether possession of the Vessel was obtained.

23. The maritime lien is enforceable against the Vessel regardless of any change in ownership subsequent to the creation of the lien.

24. The maritime lien has not been discharged, waived, or extinguished.

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VII. REQUEST FOR ARREST OF VESSEL

25. Plaintiff requests that this Court issue a Warrant for Arrest of the Vessel pursuant to Supplemental Rule C(3).

26. Upon arrest, the Vessel should be taken into custody by the United States Marshal and held until:

a. Plaintiff's claim is satisfied;

b. Adequate security is posted; or

c. The Court orders otherwise.

27. Plaintiff [☐ will] [☐ will not] seek an order appointing a substitute custodian pursuant to Supplemental Rule E(4)(b).

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VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Issue a Warrant for the Arrest of the Vessel M/V [________________________________], her engines, boilers, tackle, apparel, furniture, and equipment, pursuant to Supplemental Rule C(3);

B. Order that the Vessel be held by the United States Marshal pending resolution of this matter or the posting of adequate security;

C. Adjudge and decree that Plaintiff has a valid maritime lien against the Vessel;

D. Enter judgment in favor of Plaintiff and against the Vessel in the amount of $[________________], plus interest;

E. Order that the Vessel be sold by the United States Marshal, free and clear of all liens and encumbrances, if adequate security is not posted and judgment is not satisfied;

F. Award Plaintiff its costs, including Marshal's fees, custodia legis expenses, and attorneys' fees where recoverable; and

G. Grant such other and further relief as the Court deems just and proper.

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Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

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VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am the [☐ Plaintiff] [☐ authorized representative of Plaintiff] in this action.

2. I have read the foregoing Verified Complaint and know the contents thereof.

3. The statements contained in this Complaint are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. This action is not brought for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.

______________________________________
[Affiant's Signature]

Print Name: [________________________________]
Title: [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public
My Commission Expires: [__/__/____]

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AFFIDAVIT IN SUPPORT OF WARRANT FOR ARREST

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am [☐ the Plaintiff] [☐ counsel for Plaintiff] in this action.

2. Based upon my personal knowledge, or upon information and belief after reasonable inquiry, the Vessel M/V [________________________________] is located within this District at [________________________________].

3. Plaintiff has a valid maritime lien against the Vessel as set forth in the Verified Complaint.

4. The amount owed to Plaintiff is $[________________], plus interest.

5. Demand has been made and payment has not been received.

6. Issuance of a Warrant for Arrest is necessary to enforce Plaintiff's maritime lien.

______________________________________
[Affiant's Signature]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public

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EXHIBIT LIST

• Exhibit A: Invoices and Demand Letters
• Exhibit B: Documentation of Goods/Services Provided
• Exhibit C: Vessel Documentation
• Exhibit D: [________________________________]

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PRIORITY OF MARITIME LIENS

For reference, maritime liens are generally prioritized as follows:
1. Expenses of justice (custodia legis)
2. Seamen's wages
3. Salvage and general average
4. Tort liens (personal injury, death, property damage)
5. Statutory liens for necessaries (pre-mortgage)
6. Preferred ship mortgages
7. Statutory liens for necessaries (post-mortgage)
8. State-law created liens
9. Attachment liens (Rule B)

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SOURCES AND REFERENCES

• 46 U.S.C. § 31342 (Maritime Liens): https://www.law.cornell.edu/uscode/text/46/31342
• Supplemental Rule C: https://www.law.cornell.edu/rules/frcp/rule_C
• Blank Rome - Maritime Liens Primer: https://www.blankrome.com/publications/maritime-law-primer-maritime-liens-and-arrests-under-us-law
• U.S. Marshals - Admiralty: https://www.usmarshals.gov/what-we-do/service-of-process/civil-process/admiralty