Vessel Arrest and Attachment in Texas Waters
Vessel arrest and attachment are two federal tools that can freeze a ship in Texas waters. They are not the same remedy. Arrest targets the vessel itself. Attachment targets property of a defendant who cannot be found in the district. Houston and Galveston lawyers use both after unpaid repairs, cargo disputes, and charter defaults.
An arrest is an in rem action. The claimant sues the ship, not only its owner. A maritime lien usually supplies the right. Repair bills, bunkers, towage, salvage, and some cargo claims can create that lien. The plaintiff files a verified complaint in federal court. The court then issues a warrant. The U.S. Marshal serves the warrant and takes the vessel into custody. The ship cannot sail until the court allows release.
The Southern District of Texas hears most of these cases. Houston and Galveston are the practical venues when a ship is alongside a local berth or anchored in the bay. Timing matters. A vessel that sails before the warrant is served may leave the remedy behind. Counsel therefore watches arrival notices and terminal schedules.
Attachment works differently.
Rule B of the Supplemental Admiralty Rules lets a plaintiff seize a defendant’s property when the defendant cannot be found in the district. The property can be a vessel, freight, or a bank account tied to the claim. The claim must be maritime. A pure land contract usually will not qualify. The court also requires a showing that the defendant is absent from the district.
Release is the next fight. The owner posts a bond or letter of undertaking. The court then frees the ship so cargo and crew are not stranded. The amount of security tracks the claim, interest, and costs. A bond that is too low invites a later fight. A bond that is too high can be challenged as excessive.
Wrongful arrest carries risk. A claimant who arrests without a fair basis may owe damages, including lost hire. Courts look at the lien, the verification, and the speed of the filing. A thin invoice or a disputed shore-side debt is a weak foundation. Clear contracts and delivery receipts are stronger.
These remedies sit beside state law but do not copy it.
Texas attachment rules do not replace federal admiralty arrest. A state writ may not reach a vessel already under Marshal custody. Parties also watch limitation actions, which can pull related claims into one proceeding.
Arrest and attachment therefore give a Houston claimant leverage before a ship leaves the channel. They work only when the claim is maritime, the papers are verified, and the vessel is still within reach. This overview is general information. It is not legal advice.