The Absentee Custodian

When a vessel is arrested in the United States, the U.S. Marshals Service is the federal agency that takes the vessel into the arresting court's custody. However, the U.S. Marshals Service is a law enforcement agency and is poorly equipped to maintain custody over the arrested vessel while the creditor's claims are determined. It has become common practice when a creditor arrests a vessel in the United States to enforce a maritime or mortgage lien, that a substitute custodian is appointed by the arresting party with the approval of the district court. The substitute custodian takes the place of the U.S. Marshals Service and is responsible for the care and safekeeping of the vessel and will care for the vessel during the period of arrest. In order to be appointed as a substitute custodian, the applicant will be required to submit evidence to the district court that it is sufficiently experienced and that it can perform the services required of a substitute custodian.