Last amended December 1, 2007 · Last verified June 30, 2026
In one sentenceRule 64 makes available, at the start of and during an action, the remedies under the law of the state where the court sits for seizing a person or property to secure a possible judgment — including arrest, attachment, garnishment, replevin, and sequestration — except where a federal statute applies.
(a)Remedies Under State Law—In General. At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.
(b)Specific Kinds of Remedies. The remedies available under this rule include the following—however designated and regardless of whether state procedure requires an independent action:
•arrest;
•attachment;
•garnishment;
•replevin;
•sequestration; and
•other corresponding or equivalent remedies.
End
Amendment History
(Amended April 30, 2007, effective December 1, 2007.)
Plain-English Summary
Rule 64 addresses how a plaintiff can lock down assets before judgment so that a later win is not hollow. Rather than create federal seizure remedies, it borrows them: every remedy available under the law of the state where the court is located for seizing a person or property to secure satisfaction of a potential judgment is available in a federal action there.
The classic examples the rule lists are arrest, attachment, garnishment, replevin, and sequestration. These state-law remedies apply except to the extent a federal statute governs, and they are subject to constitutional due-process limits. In practice, Rule 64 is the gateway to prejudgment security, while Rule 69 governs collecting on a judgment after it is entered.
Frequently Asked Questions
What prejudgment remedies does Rule 64 provide?
It makes available the state-law remedies for seizing a person or property — such as attachment, garnishment, replevin, and sequestration — to secure a possible judgment, unless a federal statute applies.
How is Rule 64 different from Rule 69?
Rule 64 covers prejudgment security — locking down assets before a judgment exists — while Rule 69 governs execution and collecting on a judgment already entered.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 64), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 64Fed. R. Civ. P. 64seizing propertyattachmentgarnishmentprejudgment remediesreplevin