Chapter 23

7 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 1 CHAPTER 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS Article 1. Execution. Article 2. Proceedings Supplemental to Execution. Article 3. Sale of Franchises. Article 4. Protection Against Recalcitrant Judgment Debtors. ARTICLE 1 EXECUTION § 23101. Within What Time Execution May Issue § 23102. Stay of Execution. § 23103. Who May Issue the Execution. § 23104. Return of Execution. § 23105. Enforcing Judgment. § 23106. Enforcement of Judgment After Six Years. § 23107. When Execution May Issue Against the Prope rty of a Party After His Death. § 23108. Execution, How and to Whom Issued. § 23109. Property Liable to Execution: Not Affected Until Levied On. § 23110. Indemnity Where Property Claimed by Third Party. § 23111. Property Exempt From Execution or Attachme nt; Exceptions. § 23112. Writ, By Whom and How Executed. § 23113. Notice of Sale Under Execution. § 23114. Penalties for Selling without Notice. § 23115. Conduct of Sales. § 23116. When Purchaser Refuses to Pay. § 23117. Rejecting Subsequent Bids. § 23118. Officer Not Liable Beyond a Certain Amount . § 23119. Personal Property Capable of Manual Delive ry.

uct of Sales. § 23116. When Purchaser Refuses to Pay. § 23117. Rejecting Subsequent Bids. § 23118. Officer Not Liable Beyond a Certain Amount . § 23119. Personal Property Capable of Manual Delive ry. § 23120. Personal Property Not Capable of Manual De livery. § 23121. Sale of Real Property, What Purchaser Acqu ires. § 23122. When Sales are Absolute. § 23123. Real Property so Sold, by Whom it May be Redeemed. § 23124. Redemption of Property, How and When. § 23125. Another Redemptioner May Redeem. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 2 § 23126. Deed to be Given at Expiration of Redempti on. § 23127. To Whom Payments Made in Cases of Redempti on. § 23128. What a Redemptioner Must Produce to Office r. § 23129. When Court May Restrain Waste on the Prope rty. § 23130. Rents and Profits. § 23131. If Purchase is Evicted; How He May Recover . § 23131. If Purchaser is Evicted; How He May Recove r. § 23132. Party Who Pays More Than His Share May Com pel Contribution. § 23133. Release of Property Held Under Execution. § 23134. Undertaking by Party Claiming Property. § 23135. Service of Copy of Undertaking. § 23136. Objections to Sureties. § 23137.

el Contribution. § 23133. Release of Property Held Under Execution. § 23134. Undertaking by Party Claiming Property. § 23135. Service of Copy of Undertaking. § 23136. Objections to Sureties. § 23137. Justification of Sureties. § 23138. New Undertaking. § 23139. When Undertaking Becomes Effective. § 23101. Within What Time Execution May Issue. The party in whose favor judgment is given may, at any time within five years after the entry thereof, hav e a writ of execution issued for its enforcement. If, after th e entry of the judgment, the issuing of execution thereon is staye d or enjoined by any judgment or order of Court, or by operation of law, the time during which it is so stayed or enjoined must be excluded from the computation of the five years within which execution may issue. SOURCE: CCP § 681. § 23102. Stay of Execution. The court or the judge thereof shall not have the p ower without the consent of the adverse party to stay fo r a longer period than thirty (30) days the execution of any j udgment or order, the execution whereof would be stayed on app eal only by the execution of a stay bond, provided, that if a m otion for a new trial is pending, execution may be stayed

ution of any j udgment or order, the execution whereof would be stayed on app eal only by the execution of a stay bond, provided, that if a m otion for a new trial is pending, execution may be stayed until ten (10) days after the determination thereof. SOURCE: CCP § 681a. § 23103. Who May Issue the Execution. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 3 The writ of execution must be issued in the name of the Government of Guam, sealed with the seal of the cou rt, and subscribed by the judge, and be directed to the mar shal, and it must intelligibly refer to the judgment, stating th e court, and if it be for money, the amount thereof, and the amount ac tually due thereon, and if made payable in a specified kind of money or currency, as provided in § 21601 of this Title, the execution must also state the kind of money or currency in which t he judgment is payable, and must require the marshal substantia lly as follows: (a) If it be against the property of the judgment debtor, it must require the marshal to satisfy the judgment , with interest, out of the personal property of such debt or, and if sufficient personal property cannot be found, then

ty of the judgment debtor, it must require the marshal to satisfy the judgment , with interest, out of the personal property of such debt or, and if sufficient personal property cannot be found, then out of his real property, or if the judgment be a lien upon re al property, then out of the real property belonging t o him on the day when the judgment was docketed, or at any t ime thereafter. (b) If it be against real or personal property in the hands of the personal representatives, heirs, devis ees, legatees, tenants or trustees, it must require the marshal to satisfy the judgment, with interest, out of such pr operty. (c) If it be issued on a judgment made payable in a specified kind of money or currency, as provided in § 21601 of this Title it must also require the marshal to s atisfy the same in the kind of money or currency in which the judgment is made payable, and the marshal must refu se payment in any other kind of money or currency; and in case of levy and sale of the property of the judgme nt debtor, he must refuse payment from any purchaser at such s ale in any other kind of money or currency than that speci fied in the execution.

in case of levy and sale of the property of the judgme nt debtor, he must refuse payment from any purchaser at such s ale in any other kind of money or currency than that speci fied in the execution. The marshal collecting money or cur rency in the manner required by this Article must pay to the plaintiff or party entitled to recover the same kind of money or currency received by him. (d) If it be for the delivery of the possession o f real or personal property, it must require the marshal to d eliver the possession of the same, describing it, to the party and title thereto, and may at the same time require the marsh al to COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 4 satisfy any costs, damages, rents or profits recove red by the same judgment, out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had; and if suffici ent personal property cannot be found, then out of the real prop erty as provided in the first subsection of this section. SOURCE: CCP § 682.

erein if a delivery thereof cannot be had; and if suffici ent personal property cannot be found, then out of the real prop erty as provided in the first subsection of this section. SOURCE: CCP § 682. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23104. Return of Execution. The execution may be made returnable, at any time n ot less than ten (10) nor more than sixty (60) days after i ts receipt by the marshal, to the clerk of the court. When the execut ion is returned, the clerk must attach it to the judgment roll. SOURCE: CCP § 683. § 23105. Enforcing Judgment. SOURCE: CCP § 684. NOTE: Enforcing Judgment, is covered by Rules 69 and 70, Guam Rules of Civil Procedure. § 23106. Enforcement of Judgment After Six Years. In all cases the judgment may be enforced or carrie d into execution after the time lapse of six years from th e date of entry, by leave of Court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings; but nothing in this section shall be construed to revive a judgment for the rec overy of money which

leave of Court, upon motion, or by judgment for that purpose, founded upon supplemental pleadings; but nothing in this section shall be construed to revive a judgment for the rec overy of money which shall have been barred by limitation at the time of the taking affect of this section. SOURCE: CCP § 685 amended by P.L. 16-120:21 (12/18/82). Amendment raised period from five to six years. § 23107. When Execution May Issue Against the Prop erty of a Party After His Death. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 5 Notwithstanding the death of a party after the judg ment, execution thereon may be issued, or it may be enfor ced, as follows: (a) In case of the death of the judgment creditor, upon the application of his executor or administrator, o r successor in interest. (b) In case of the death of the judgment debtor; i f the judgment be for the recovery of real or personal pr operty, or the enforcement of a lien thereon. SOURCE: CCP § 686. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23108.

686. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23108. Execution - How and to Whom Issued. SOURCE: CCP § 687. NOTE: Execution - How and to Whom Issued , is covered by Rule 69 Guam Rules of Civil Procedure. § 23109. Property Liable to Execution: Not Affecte d Until Levied On. All goods, chattels, moneys or other property, both real and personal, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of prope rty seized and held under attachment in the action, are subject to execution. Shares or interests in any corporation or company, and debts and credits, and all other property, both real and pers onal, or any interest in either real or personal property, and a ll other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be at tached or released from attachment, except that a copy of the complaint in the action from which the writ issued need not acco mpany the writ; provided, that no cause of action or judgment as such, nor license

released from attachment, except that a copy of the complaint in the action from which the writ issued need not acco mpany the writ; provided, that no cause of action or judgment as such, nor license issued by the Territory to engage in any bu siness, profession, or activity shall be subject to levy or sale on execution. Until a levy, the property is not affect ed by the execution, but no levy shall bind any property for a longer period than one (1) year from the date of issuance of the execution, except a levy on the interests or claims of heirs, devisees, or COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 6 legatees in or to assets of deceased persons remain ing in the hands of executors or administrators thereof prior to distribution and payment. However, an alias execution may be iss ued on said judgment and levied on any property not exempt from execution. SOURCE: CCP § 688 amended by P.L. 15-126:1. COMMENT: The Legislature has amended this section to conform , in substance if not in style, to California CCP § 688. § 23110. Indemnity Where Property Claimed by Third Party.

ended by P.L. 15-126:1. COMMENT: The Legislature has amended this section to conform , in substance if not in style, to California CCP § 688. § 23110. Indemnity Where Property Claimed by Third Party. (a) If the property levied on is claimed by a third person as his property, by a written claim verified by his oa th or that of his agent, setting out his right to the possession ther eof, and served upon the marshal, the marshal must release the prop erty if the plaintiff or the person in whose favor the writ of execution runs fails within five (5) days after written demand to give the marshal an undertaking executed by at least two (2) good and sufficient sureties in a sum equal to double the va lue of the property levied on. (1) If such undertaking be given, the marshal shall hold the property. (2) The marshal, however, shall not be liable for damages to any such third party for the taking or k eeping of such property if no claim is filed by any such thir d party. (b) Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability , damages, costs and attorneys fees, by reason of such seizing , taking, withholding or sale of such property by

hall be made in favor of and shall indemnify such third person against loss, liability , damages, costs and attorneys fees, by reason of such seizing , taking, withholding or sale of such property by the marshal . (c) Exceptions to the sufficiency of the sureties a nd their justification may be had and taken in the same mann er as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, th e marshal must release the property, provided however, that if no exception is taken within five (5) days after notice of receipt of the undertaking, the third party shall be deemed to hav e waived any and all objections to the sufficiency of the sureti es. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 7 (d) The marshal may demand and exact the undertakin g herein provided for notwithstanding any defect, inf ormality or insufficiency of the verified claim served upon him . (e) Whenever a verified third party claim is served upon the marshal, upon levy of execution, the plaintiff or t he person in whose favor the writ of execution runs, shall be en titled to a hearing within twenty (20) days therefrom,

ty claim is served upon the marshal, upon levy of execution, the plaintiff or t he person in whose favor the writ of execution runs, shall be en titled to a hearing within twenty (20) days therefrom, before t he court having jurisdiction in the action, in order to dete rmine title to the property in question, which hearing must be granted by the said court upon the filing of an application or petition therefor. (1) Ten (10) days' notice of such hearing must be g iven to all parties claiming an interest in the property , or their attorneys, which notice must specify that the heari ng is for the purpose of determining title to the property in question. (2) The court may continue the hearing beyond the s aid twenty (20) day period, but good cause must be show n for any such continuance. SOURCE: CCP § 689. 2018 NOTE: Subsection designations were added by the Compile r pursuant to authority by 1 GCA § 1606. § 23111. Property Exempt From Execution or Attachm ent; Exceptions. (a) The following property is exempt from execution , except as herein otherwise specially provided: (1) The debtor's homestead as provided in the Civil Code.

om Execution or Attachm ent; Exceptions. (a) The following property is exempt from execution , except as herein otherwise specially provided: (1) The debtor's homestead as provided in the Civil Code. (2) Necessary household, table and kitchen furnitur e belonging to the judgment debtor, including one sto ve, stovepipes, beds and bedding. (3) The farming utensils or implements of farming, not exceeding in value the sum of Fifty Dollars ($50) i n all. (4) One horse, or one carabao, one ox or other beas t of burden with one cart for same, together not exceedi ng One Hundred Fifty Dollars ($150), and necessarily used by him in his ordinary occupation, and food for such beast of COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 8 burden for one month, also seed grain and vegetable s actually provided, reserved, or on hand for the pur pose of planting or sowing at any time within the ensuing s ix months, not exceeding in value the sum of Twenty-fi ve Dollars ($25). (5) Books and articles connected with religious worship, together not exceeding Twenty-five Dollars ($25) in value.

ensuing s ix months, not exceeding in value the sum of Twenty-fi ve Dollars ($25). (5) Books and articles connected with religious worship, together not exceeding Twenty-five Dollars ($25) in value. (6) The necessary clothing of the debtor and that o f all the immediate family together not exceeding Fifty D ollars ($50) in value and the provisions already provided for family use sufficient for three months. (7) The tools and implements or a mechanic or artis an, necessary to carry on his trade, not exceeding Twen ty-five Dollars ($25) in value. (8) The professional libraries of lawyers, judges, clergymen, doctors, and preachers, not exceeding Tw o Hundred Fifty Dollars ($250) in value. (9) One fishing boat and one net not exceeding a t otal value of Fifty Dollars ($50), the property of any f isherman who uses them. (10) Gravestones lettered on in use. (11) One cow and its suckling calf, two sows and t heir suckling pigs, fifteen (15) hens and three roosters , and the food for such cows, hogs, and chickens for one mont h. (12) All arms, uniforms, and the accoutrements required by law to be kept for the Guam Militia.

, fifteen (15) hens and three roosters , and the food for such cows, hogs, and chickens for one mont h. (12) All arms, uniforms, and the accoutrements required by law to be kept for the Guam Militia. (13) (A) Except with regard to a judgment or order for child or spousal support payments, all money receiv ed by any person, a resident of the territory, as a pe nsion, or as an annuity or qualified or non-qualified retirement plan or disability or death or other ben efit, or as a return of contributions and interest thereo n, from the United States Government, from the government of Guam, or from any other political COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 9 subdivision of any jurisdiction of the United State s, or any public trust, or public corporation, or from th e governing body of any of them, or from any public board or boards, or from any retirement, life insur ance, disability or annuity policy or system established by any of them pursuant to statute, whether the same s hall be in the actual possession of such pensioner or beneficiary, or deposited by him.

ance, disability or annuity policy or system established by any of them pursuant to statute, whether the same s hall be in the actual possession of such pensioner or beneficiary, or deposited by him. (B) Except with regard to a judgment or order for child or spousal support payments, money held, controlled or in process of distribution by private retirement plans, life insurance policy or any prof it- sharing plan designed and used for retirement purposes, or the payment of benefits and as an annu ity, pension, retirement allowance, disability payment o r death benefit from such retirement plans, life insu rance policies, annuities, or profit-sharing plans, and a ll contributions and interest thereof returned to any member of any such retirement, life insurance, or profit-sharing plan, whether the same shall be in t he actual possession of such pensioner or beneficiary, or deposited by him. The exemption given by this paragraph shall also apply to any money held in sel f- employed retirement plans and individual retirement annuities or accounts or the like provided for in t he Internal Revenue Code of 1954, as amended (Territorial Income Tax Law), provided that such money does not

rement plans and individual retirement annuities or accounts or the like provided for in t he Internal Revenue Code of 1954, as amended (Territorial Income Tax Law), provided that such money does not exceed the maximum amount exempted from federal income taxation. (14) The earnings of the judgment debtor for his personal services rendered at any time within thirt y days next preceding the levy of execution or attachment when it appears by the debtor's affidavit or otherwise, tha t such earnings are necessary for the use of his family re siding in Guam, supported in whole or in part by his labor, b ut where debts are incurred by any such person, or his wife or family for the common necessaries of life, or have been in curred at a time when the debtor had no family residing in th e Territory of Guam, supported in whole or in part by his COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 10 labor, or incurred for personal services rendered b y any employee or former employee, the one-half ( 2) of such earnings above- mentioned is nevertheless subject t o execution, garnishment, or attachment to satisfy de bts so incurred.

ices rendered b y any employee or former employee, the one-half ( 2) of such earnings above- mentioned is nevertheless subject t o execution, garnishment, or attachment to satisfy de bts so incurred. (15) All money received by any person as child support. (16) All monies within an ABLE savings account set up in accordance with the Achieving A Better Life Experience Act or ABLE Act, Division B of U.S. Publ ic Law No. 113-295, and in accordance with the Guam AB LE Savings Program Act in Chapter 53 of Division 2, Ti tle 11, Guam Code Annotated. (17) War claims awards paid by the United States of America pursuant to the Guam World War II Loyalty Recognition Act , Title XVII, Pub. L. No. 114-328, or a successor statute. (b) No article, however, or species or property, me ntioned in this section is exempt from attachment or execut ion issued upon a judgment recovered for its price, or upon a judgment for foreclosure of a mortgage or other lien thereon. SOURCE: CCP § 690; subsection (1) amended by P.L. 5-045:1 ( July 15, 1959) and P.L. 5-115:3 (Aug. 8, 1960); subsection 1 3 amended and subsection 15 added by P.L. 17-033 (Nov. 25, 1983).

ien thereon. SOURCE: CCP § 690; subsection (1) amended by P.L. 5-045:1 ( July 15, 1959) and P.L. 5-115:3 (Aug. 8, 1960); subsection 1 3 amended and subsection 15 added by P.L. 17-033 (Nov. 25, 1983). Codified to Chapter 23 of Title 7 GCA by the Compiler. Subsection 13 amended by P.L. 30- 031:2 (June 16, 2009). Subsection (a)(16) added by P.L. 34-144:4 (Dec. 12, 2018) as subsection (p), renumbered by the Comp iler. Subsection (a)(17) added by P.L. 35-12:1 (May 7, 2019). 2019 NOTE: Subsection/subitem designations were added/altere d by the Compiler pursuant to the authority of 1 GCA § 1606. § 23112. Writ, By Whom and How Executed. (a) Except in the case of a levy on earnings, the m arshal must execute the writ against the property of the j udgment debtor, by levying on a sufficient amount of proper ty, if there be sufficient, collecting or selling the things in act ion, and selling the other property and paying to the plaintiff or h is attorney so much of the proceeds as will satisfy the judgment. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 11 (b) Any excess in the proceeds over the judgment an d accrued costs must be returned to the judgment debt

judgment. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 11 (b) Any excess in the proceeds over the judgment an d accrued costs must be returned to the judgment debt or, unless otherwise directed by the judgment or order of the court. (c) When there is more property of the judgment deb tor than is sufficient to satisfy the judgment and accrued c osts within the view of the marshal, he must levy only on such part of the property as the judgment debtor may indicate, if th e property indicated be amply sufficient to satisfy the judgme nt and costs . SOURCE: CCP § 691. Amended by P.L. 31-238:2 (Dec. 6, 2012) . 2018 NOTE: Subsection designations were added by the Compile r pursuant to authority by 1 GCA § 1606. § 23113. Notice of Sale Under Execution. Before the sale of property on execution or under p ower contained in any deed of trust, notice thereof must be given as follows: (a) In case of perishable property; by posting writ ten notice of the time and place of sale in three publi c places in the city where the property is to be sold, if the p roperty is to be sold in a city, or, if not, then in three public places in the town or village in which

d place of sale in three publi c places in the city where the property is to be sold, if the p roperty is to be sold in a city, or, if not, then in three public places in the town or village in which the property is to be sold , for such time as may be reasonable, considering the characte r and condition of the property. (b) In case of other personal property: By posting a similar notice in three public places in the city w here the property is to be sold, if the property is to be so ld in a city, or, if not, then in three public places in the town or village in which the property is to be sold, for not less t han five days nor more than ten days. (c) In case of real property, by posting a similar notice particularly describing the property for twenty (20 ) days, in three public places in the city where the property is to be sold, if the property is to be sold in a city, or, if not, then in three public places in the town or village in which the property is to be sold, and publishing a copy there of once a week for the same period in some newspaper of gener al circulation printed and published in Guam, if there is one; COL6/5/20197 GCA CIVIL PROCEDURE CH.

be sold, and publishing a copy there of once a week for the same period in some newspaper of gener al circulation printed and published in Guam, if there is one; COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 12 provided that in all cases a copy of said notice sh all be posted in some conspicuous place on the property to be sold at least twenty (20) days before the date of sale. (d) When the judgment under which the property is t o be sold is made payable in a specified kind of mone y or currency, the several notices required by this sect ion must state the kind of money or currency in which bids m ay be made at such sale, which must be the same as that s pecified in the judgment. SOURCE: CCP § 692. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23114. Penalties for Selling without Notice. An officer selling without the notice prescribed in the last section forfeits Fifty Dollars ($50.00) to the aggr ieved party, in addition to his actual damages, and a person willfu lly taking down or defacing the notice

ithout the notice prescribed in the last section forfeits Fifty Dollars ($50.00) to the aggr ieved party, in addition to his actual damages, and a person willfu lly taking down or defacing the notice posted, if done before the sale or the satisfaction of the judgment (if the judgment be sa tisfied before sale), forfeits Fifty Dollars ($50.00). SOURCE: CCP § 693. § 23115. Conduct of Sales. (a) All sales of property under execution must be h eld in a city, town, or village in the district where said p roperty or some part thereof is situated, and must be made at aucti on, to the highest bidder, between the hours of 9 in the morni ng and 5 in the afternoon. (b) After sufficient property has been sold to sati sfy the execution, no more can be sold. (c) Neither the officer holding the execution nor h is deputy can become a purchaser or be interested in any purc hase at such sale. (d) When the sale is under execution and (1) is of personal property capable of manual deliv ery, it must be within view of those who attend the sale , and be COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 13 sold in such parcels as are likely to bring the hig hest price; and

ithin view of those who attend the sale , and be COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 13 sold in such parcels as are likely to bring the hig hest price; and (2) when the sale is of real property, consisting o f several known lots or parcels, they must be sold se parately; or (3) when a portion of said real property is claimed by a third person, and he requires it to be sold separat ely, such portion can be thus sold. (d) The judgment debtor, if present at the sale, ma y also direct the order in which property, real property, real or personal, shall be sold, when such property consist of severa l known lots or parcels, or of articles which can be sold to adv antage separately, and the commissioner must follow his di rections. SOURCE: CCP § 694. 2018 NOTE: Subsection/subitem designations were added by the Compiler pursuant to authority by 1 GCA § 1606. § 23116. When Purchaser Refuses to Pay. If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under executio n, the officer may again sell the property at any time to the high est bidder, and if any loss be occasioned thereby, the officer may recover the

r property struck off to him at a sale under executio n, the officer may again sell the property at any time to the high est bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with costs, from the bidder so refusing, in court of competent jurisdiction. SOURCE: CCP § 695. § 23117. Rejecting Subsequent Bids. When a purchaser refuses to pay, the officer may, i n his discretion, thereafter reject any subsequent bid of such person. SOURCE: CCP § 696. § 23118. Officer Not Liable Beyond a Certain Amoun t. The two preceding sections must not be construed to make the officer liable for any more than the amount bid by the second or subsequent purchaser, and the amount collected f rom the purchaser refusing to pay. SOURCE: CCP § 697. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 14 § 23119. Personal Property Capable of Manual Deliv ery. When the purchaser of any personal property capable of manual delivery pays the purchase money, the office r making the sale must deliver to the purchaser the property, an d, if desired, execute and deliver to him a certificate of the sal e.

y capable of manual delivery pays the purchase money, the office r making the sale must deliver to the purchaser the property, an d, if desired, execute and deliver to him a certificate of the sal e. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the execution or at tachment was levied. SOURCE: CCP § 698. § 23120. Personal Property Not Capable of Manual D eliv- ery. When the purchaser of any personal property not cap able of manual delivery pays the purchase money, the office r making the sale must execute and deliver to the purchaser a ce rtificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in such property on the day the exec ution or attachment was levied. SOURCE: CCP § 699. § 23121. Sale of Real Property. What Purchaser Acquires. Upon a sale of real proper ty, the purchaser is substituted to and acquires all the ri ght, title, interest and claim of the judgment debtor thereto on the dat e of the levy of the execution thereon, where such judgment is no t a lien upon such property; if the judgment is a lien upon the r eal property the purchaser is substituted to and acquires all

e dat e of the levy of the execution thereon, where such judgment is no t a lien upon such property; if the judgment is a lien upon the r eal property the purchaser is substituted to and acquires all the ri ght, title, interest and claim of the judgment debtor on or at anytime a fter the day such judgment became a lien on such property; and i n case property, real or personal, has been attached in th e action, the purchaser is substituted to and acquires all right, title, interest and claim of the judgment debtor on or at any time after the day the attachment was levied upon such property. SOURCE: CCP § 700. § 23122. When Sales are Absolute. Sales of personal property, and of real property, w hen the estate therein is less than a leasehold of two (2) years unexpired COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 15 term, are absolute. In all other cases the property is subject to redemption as provided in this Article. The officer must give to the purchaser a certificate of sale, and file a dup licate thereof for record in the Department of Land Management, which certificate must state the date of the judgment under which the sale was made and the

haser a certificate of sale, and file a dup licate thereof for record in the Department of Land Management, which certificate must state the date of the judgment under which the sale was made and the names of the parties therein and conta in: (a) a particular description of the real property s old; (b) the price bid for each distinct lot or parcel; (c) the whole price paid; (d) if the property is subject to redemption, the certificate must so declare, and if the redemption can be affected only in a particular kind of money or curr ency, that fact must be stated. SOURCE: CCP § 700a. Guam CCP omits Subsection (b) of Calif. § 700a, dealing with service of notice to the judgmen t debtor and the liability of the officer for such failure. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23123. Real Property so Sold, by Whom it May be Redeemed. Property sold subject to redemption, as provided in the last section, or any part sold separately, may be redeem ed in the manner hereinafter provided, by the following perso ns or their successors in interest:

ld subject to redemption, as provided in the last section, or any part sold separately, may be redeem ed in the manner hereinafter provided, by the following perso ns or their successors in interest: (a) the judgment debtor, or his successor in inter est, in the whole or any part of the property; (b) a creditor having a lien by judgment or mortgag e on the property sold, or on some share or part thereof , subsequent to that on which the property was sold. The persons mentioned in the second subsection of this Section are, in this Article, termed redemptioners. SOURCE: CCP 701. § 23124. Redemption of Property, How and When. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 16 The judgment debtor, or redemptioner, may redeem th e property from the purchaser any time within twelve (12) months after the sale on paying the purchaser the amount o f purchase, with one percent (1%) per month thereon in addition , up to the time of redemption, together with the amount of any assessment or taxes and any reasonable sum for insurance, main tenance, upkeep, repair or rehabilitation or improvements up on the property, and any amount necessarily paid for land rental

unt of any assessment or taxes and any reasonable sum for insurance, main tenance, upkeep, repair or rehabilitation or improvements up on the property, and any amount necessarily paid for land rental if a leasehold interest was purchased, which the purchas er may have paid thereon after purchase, and interest on such a mount, and if the purchaser be also a creditor, having a prior li en to that of the redemptioner, other than the judgment under which s aid purchase was made, the amount of such lien with int erest. SOURCE: CCP § 702. COMMENT: The Guam CCP has copied the California CCP as far a s substance is concerned. The Guam CCP left out the p rocedural matters contained in California CCP § 702. § 23125. Another Redemptioner May Redeem. If property be so redeemed by a redemptioner, anoth er redemptioner may, within sixty (60) days after the last redemptioner, again redeem it from the last redempt ioner on paying the sum paid on such last redemption, with t wo percent (2%) thereon in addition, and the amount of any ass essment or taxes and any reasonable sum for insurance, mainten ance, upkeep, repair or rehabilitation of improvements up on the property, and any amount

thereon in addition, and the amount of any ass essment or taxes and any reasonable sum for insurance, mainten ance, upkeep, repair or rehabilitation of improvements up on the property, and any amount necessarily paid for land rental if a leasehold interest was purchased, which the last re demptioner may have paid thereon after the redemption by him, with interest on such amount, and, in addition, the amount of any liens held by said last redemptioner prior to his own, with in terest; but the judgment under which the property was sold need not be so paid as a lien. The property may be again, and as often as redemptioner is so disposed, redeemed from any prev ious redemptioner within sixty (60) days after the last redemption on paying sum paid on the last previous redemption, wi th two percent (2%) thereon in addition, and the amount of any assessments or taxes and any reasonable sum for ins urance, maintenance, upkeep, repair or rehabilitation of im provements COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 17 upon the property, and any amount necessarily paid for land rental if a leasehold interest was purchased, which the last previous redemptioner

CEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 17 upon the property, and any amount necessarily paid for land rental if a leasehold interest was purchased, which the last previous redemptioner paid after the redemption by him, with interest thereon, and the amount of any liens, othe r than the judgment under which the property was sold, held by the last redemptioner, previous to his own with interest. Wr itten notice of redemption must be given to the marshal who made the sale and a duplicate filed with the Director of Land Man agement, and if any taxes or assessments are paid by the redempt ioner, or if he has or acquired any lien other than that upon which the redemption was made, notice thereof must in like ma nner be given to the commissioner and filed with the Direct or of Land Management, and if such notice be not filed, the pr operty may be redeemed without paying such tax, assessment or lie n. SOURCE: CCP § 703 amended by P.L. 3-101. § 23126. Deed to be Given at Expiration of Redempt ion. If no redemption be made within twelve (12) months after the sale, the purchaser is entitled to a conveyance ; or, if so redeemed, whenever sixty (60) days have elapsed, an d no

ation of Redempt ion. If no redemption be made within twelve (12) months after the sale, the purchaser is entitled to a conveyance ; or, if so redeemed, whenever sixty (60) days have elapsed, an d no other redemption has been made and notice thereof given a nd the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a deed and to a Certificat e of Title from the government of Guam, but, in all cases, the judg ment debtor shall have the entire period of twelve (12) from th e date of the sale to redeem the property. If the judgment debtor redeem, he must make the same payments as are required to affe ct a redemption by a redemptioner. If the debtor redeeme d, the affect of the sale is terminated, and he is restored to hi s estate. Upon a redemption by the debtor, the person to whom the pa yment is made must execute and deliver to him a certificate of redemption, acknowledged or proved before an office r authorized to take acknowledgments of conveyances o f real property. Such certificate must be filed and record ed in the Department of Land Management and the Director of L and Management must note the record thereof in the marg in of the record of

o f real property. Such certificate must be filed and record ed in the Department of Land Management and the Director of L and Management must note the record thereof in the marg in of the record of the certificate of sale. SOURCE: CCP § 703a. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 18 § 23127. To Whom Payments Made in Cases of Redempt ion. The payments mentioned in the last two sections may be made to the purchaser or redemptioner, or for him, to the officer who made the sale. When the judgment under which th e sale has been made is payable in a specified kind of money o r currency, payments must be made in the same kind of money or currency, and a tender of the money is equivalent to payment. SOURCE: CCP § 704. § 23128. What a Redemptioner Must Produce to Offic er. A redemptioner must produce to the officer or perso n from whom he seeks to redeem and serve with his notice t o the commissioner making the sale, or his successor in o ffice: (a) A copy of the docket of the judgment under whic h he claimed the right to redeem, certified by the cl erk of the court, or, if he redeem upon a mortgage or other li en, a note of record thereof,

(a) A copy of the docket of the judgment under whic h he claimed the right to redeem, certified by the cl erk of the court, or, if he redeem upon a mortgage or other li en, a note of record thereof, certified by the Director of Lan d Management; (b) A copy of any assignment necessary to establis h his claim, verified by the affidavit of himself, or of a subscribing witness thereto; (c) An affidavit by himself or his agent showing th e amount then actually due on the lien. SOURCE: CCP § 705. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters' in this section. § 23129. When Court May Restrain Waste on the Prop erty. Until the expiration of the time allowed for redemp tion, the court may restrain the commission of waste on the p roperty, by order granted with or without notice, on the applic ation of the purchaser or the judgment creditor. But it is not w aste for the person in possession of the property at the time of sale, or entitled to possession afterwards, during the perio d allowed for redemption, to continue to use it in the same manne r in which it was

he person in possession of the property at the time of sale, or entitled to possession afterwards, during the perio d allowed for redemption, to continue to use it in the same manne r in which it was previously used; or to use it in the ordinary c ourse of COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 19 husbandry; or to make the necessary repairs of buil dings thereon; or to use wood or timber on the property therefor; or for the repair of fences; or for fuel for his family, while he occupies the property. SOURCE: CCP § 706. § 23130. Rents and Profits . The purchaser, from the time of the sale until the redemption, and a redemptioner, from the time of hi s redemption until another redemption, are entitled to receive f rom the tenant in possession, the rents of the property sold, or t he value of the use and occupation thereof. But when any rents or p rofits have been received by the judgment creditor or purchaser , or his or their assigns, from the property thus sold precedin g such redemption, the amounts of such rents and profits l ess the costs of operation and maintenance of the property shall be a credit upon the redemption money to be paid;

operty thus sold precedin g such redemption, the amounts of such rents and profits l ess the costs of operation and maintenance of the property shall be a credit upon the redemption money to be paid; and if the re demptioner or judgment debtor, before the expiration of the ti me allowed for such redemption, demands in writing of such purchas er or creditor, or his assigns, a written and verified st atement of the amounts of such rents and profits thus received, an d the costs of maintenance and operation of the property, the peri od for redemption is extended five (5) days after such swo rn statement is given by such purchaser or his assigns to such r edemptioner or debtor. If such purchaser or his assigns shall, for a period of one (1) month and after such demand, fail or refuse to give such statement, such redemptioner or debtor may bring ac tion in any court of competent jurisdiction to compel an accoun ting and disclosure of such rents and profits and until fift een (15) days from and after the final determination of such acti on, the right of redemption is extended to such redemptioner or debt or. SOURCE: CCP § 707. § 23131. If Purchaser is Evicted; How He May Recov er.

from and after the final determination of such acti on, the right of redemption is extended to such redemptioner or debt or. SOURCE: CCP § 707. § 23131. If Purchaser is Evicted; How He May Recov er. If the purchaser of real property sold on execution , or his successor in interest, be evicted therefrom in cons equence of irregularities in the proceedings concerning the sa le, or of the reversal or discharge of the judgment, he may recov er the price paid, with interest, from the judgment creditor. If the purchaser COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 20 of property at an execution sale, or his successor in interest, fails to recover possession in consequence of irregularit y in the proceedings concerning the sale, or because the pro perty sold was not subject to execution and sale, the court ha ving jurisdiction thereof must, after notice and on moti on of such party in interest, or his attorney, revive the orig inal judgment in the name of the petitioner for the amount paid by s uch purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the

the petitioner for the amount paid by s uch purchaser at the sale, with interest thereon from the time of payment at the same rate that the original judgment bore; and the judgment so revived has the same force and effect as would an o riginal judgment of the date of the revival, and no more. SOURCE: CCP § 708. § 23132. Party Who Pays More Than His Share May Compel Contribution. When property, liable to an execution against sever al persons, is sold thereon, and more than a due propo rtion of the judgment is satisfied out of the proceeds of the sa le of the property of one of them, or one of them pays, witho ut a sale, more than his proportion, he may compel contributio n from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sal e of his property or before sale, he may compel repayment fr om the principal. In such case the person so paying or con tributing is entitled to the benefits of the judgment, to enforc e contribution or repayment, if within ten (10) days after his pay ment, he files with the clerk of the court notice of his payment a nd claim

g is entitled to the benefits of the judgment, to enforc e contribution or repayment, if within ten (10) days after his pay ment, he files with the clerk of the court notice of his payment a nd claim to contribution or repayment. Upon a filing of such no tice, the clerk make must an entry thereof in the margin of the doc ket. SOURCE: CCP § 709. § 23133. Release of Property Held Under Execution. Where property levied upon, under execution to sati sfy a judgment for the payment of money, is claimed, in w hole or in part, by a person, corporation, partnership or asso ciation, other than the judgment debtor, such claimant may give an undertaking as herein provided, which undertaking s hall release COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 21 the property in the undertaking described from the lien and levy of such execution. SOURCE: CCP § 710. § 23134. Undertaking by Party Claiming Property. Such undertaking, with two (2) sureties, shall be e xecuted by the person, corporation, partnership or associat ion claiming in whole or in part the property upon which execution is levied in double the estimated value of the property claimed by the person,

d by the person, corporation, partnership or associat ion claiming in whole or in part the property upon which execution is levied in double the estimated value of the property claimed by the person, corporation, partnership or association; pr ovided, in no case need such undertaking be for a greater sum tha n double the amount for which the execution is levied; and where the estimated value of the property so claimed by the p erson, corporation, partnership or association is less tha n the sum for which such attachment is levied, such estimated val ue shall be stated in the undertaking, such undertaking shall b e conditioned that if the property claimed by the person, corpora tion, partnership or association is finally adjudged to b e the property of the judgment debtor, said person, corporation, p artnership or association will pay of said judgment, upon which e xecution has issued, a sum equal to the value, as estimated in s aid undertaking, of said property claimed by said perso n, corporation, partnership or association, and said p roperty claimed shall be described in said undertaking. SOURCE: CCP § 710a. § 23135. Service of Copy of Undertaking .

erty claimed by said perso n, corporation, partnership or association, and said p roperty claimed shall be described in said undertaking. SOURCE: CCP § 710a. § 23135. Service of Copy of Undertaking . Said undertaking shall be filed in the action in wh ich said execution issued, and a copy thereof served upon th e judgment creditor or his attorney in said action. SOURCE: CCP § 711. § 23136. Objections to Sureties. Within ten (10) days after the service of a copy of undertaking, the judgment creditor may object to su ch undertaking on the ground of inability of the suret ies, or either of them, to pay the sum for which they became bound in said undertaking, and upon the ground that the estimated value of the property therein is less than the market value of t he property COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 22 claimed. Such objection to the undertaking shall be made in writing, specifying the ground or grounds of object ion, and if the objection is made to the undertaking that the estim ated value therein is less than the market value of the proper ty claimed, such objection shall specify the judgment creditor' s estimate of the market

ction is made to the undertaking that the estim ated value therein is less than the market value of the proper ty claimed, such objection shall specify the judgment creditor' s estimate of the market value of the property claimed. Such writ ten objections shall be served upon the person, partner ship, corporation or association giving such undertaking and claiming the property therein described. SOURCE: CCP § 711a. § 23137. Justification of Sureties. When the sureties, or either of them, are objected to, the surety or sureties so objected shall justify before the court out of which the execution issued, upon ten days' notice o f the time so justify being given to the judgment creditor or his attorney. Upon the hearing and examination into the sufficiency of a surety, witnesses may be required to attend and evidence ma y be procured and introduced in the same manner as in tr ial of civil cases. Upon such hearing and examination, the court shall make its order, in writing, approving or disapproving th e sufficiency of the surety or sureties on such undertaking. In case the court disapproves of the surety on any undertaking, a new undertaking may be filed and served, and to any

g or disapproving th e sufficiency of the surety or sureties on such undertaking. In case the court disapproves of the surety on any undertaking, a new undertaking may be filed and served, and to any undertaking giv en under the provisions of this Article, the same objection to t he sureties may be made, and the same proceedings had as in case of the first undertaking filed and served. SOURCE: CCP § 712. § 23138. New Undertaking. When objection is made to the undertaking upon the ground that the estimated value of the property claimed, a s stated in the undertaking, is less than the market value of the p roperty claimed, the person, corporation, partnership or as sociation may accept the estimated value stated by the judgment c reditor in said objection, and a new undertaking may be at once fil ed with the judgment creditor's estimate stated therein as the estimated value and no objection shall thereafter be made upon that ground; if the judgment creditor's estimate of the market valu e is not COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 23 accepted, the person, corporation, partnership or a ssociation giving the undertaking shall move the court

e is not COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 23 accepted, the person, corporation, partnership or a ssociation giving the undertaking shall move the court in whic h the execution issued, upon ten days' notice to the judg ment creditor, to estimate the market value of the property claime d and described in the undertaking, and upon the hearing of such motion witnesses may be required to attend and test ify, and evidence be produced in the same manner as in the t rial of civil actions. Upon the hearing of such motion, the court shall estimate the market value of the property described in the undertaking, and if the estimated value made by the court exceeds the estimated value as stated in the undert aking, a new undertaking shall be filed and served, with the mar ket value determined by the court stated therein as the estim ated value. SOURCE: CCP § 712a. NOTE: Guam CCP § 713, Requisites of Undertaking , is omitted by Compiler. This Section is identical to Calif. § 713 . However, Guam does not have in the Code of Civil Procedure any § 1057 to which both the California and Guam sections refer.

aking , is omitted by Compiler. This Section is identical to Calif. § 713 . However, Guam does not have in the Code of Civil Procedure any § 1057 to which both the California and Guam sections refer. Other than refe rring to the nonexistent CCP § 1057, there is nothing of substan ce in § 713. § 23139. When Undertaking Becomes Effective. The under-taking shall become effective for purpose herein specified ten (10) days after service of a copy the reof on the judgment debtor, unless objection to such undertaki ng is made as herein provided, and in case objection is made to t he undertaking filed and served, then the undertaking shall become effective for such purposes when an undertaking is given as herei n provided. SOURCE: CCP § 713a. ---------- ARTICLE 2 PROCEEDINGS SUPPLEMENTAL TO EXECUTION NOTE: Guam and California add Chapter 2 to their Title 9 dealing with Proceedings Supplemental to Execution. The mat ters covered in this Chapter are covered generally by Rule 69 of the Guam Rules of Civil Procedure. Article 2 contains matters of s ubstance not covered in the Rules of the Court. § 23201. Debtor Required to Answer Concerning His P roperty. COL6/5/20197 GCA CIVIL PROCEDURE CH.

s of Civil Procedure. Article 2 contains matters of s ubstance not covered in the Rules of the Court. § 23201. Debtor Required to Answer Concerning His P roperty. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 24 § 23202. Proceedings in Aid of Execution; Examinati on; Arrest of Debtor; Undertaking or Imprisonment. § 23203. Payment by Debtor of Judgment Debtor. § 23204. Order Applying Property Toward Satisfactio n of Judgment. § 23205. Proceedings Upon Claim of Another Party. § 23206. Disobedience of Referee's Order. § 23207. Installment Payment Order. § 23201. Debtor Required to Answer Concerning His Property. When an execution against property of the judgment debtor, or of any one of several debtors in the same judgme nt, issued to the marshal, is returned unsatisfied in whole or in part the judgment creditor, at any time after such return is made, is entitled to an order from a judge of the court requ iring such judgment to appear and answer concerning his proper ty before such judge, or a referee appointed by him, at a tim e and place specified in the order. SOURCE: CCP § 714. § 23202.

court requ iring such judgment to appear and answer concerning his proper ty before such judge, or a referee appointed by him, at a tim e and place specified in the order. SOURCE: CCP § 714. § 23202. Proceedings in Aid of Execution; Examinat ion; Arrest of Debtor; Undertaking or Imprisonment. After the issuing of an execution against property, and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court, that any judgment debtor has pr operty which he unjustly refuses to apply toward the satisfaction o f the judgment, such judge may, by an order, require the judgment d ebtor to appear, at a specified time and place, before such judge, o r a referee appointed by him, to answer concerning the same; an d such proceedings may thereupon be had for the applicatio n of the property of the judgment debtor towards the satisfa ction of the judgment as are provided upon the return of an exec ution. Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, his a gent or attorney, if it appear to him that there is danger of the deb tor absconding, order the Director of Public Safety to

ment debtor, the judge may, upon affidavit of the judgment creditor, his a gent or attorney, if it appear to him that there is danger of the deb tor absconding, order the Director of Public Safety to arrest the d ebtor and bring him before such judge. Upon being brought before th e judge, he may be ordered to enter to an undertaking, with suf ficient sureties, that he will attend from time to time before the ju dge or referee, as COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 25 may be directed during the pendency of proceedings and until the final determination thereof, and will not in the me antime dispose of any portion of his property not exempt from executi on. In default of entering into such undertaking he may be committed to prison. SOURCE: CCP § 715. § 23203. Payment by Debtor of Judgment Debtor. (a) After the issuing of an execution against prope rty and before its return, any person indebted to the judgm ent debtor may pay to the marshal the amount of his debt, or s o much thereof as may be necessary to satisfy the executio n, and the marshal’s receipt is a sufficient discharge for the amount so paid.

nt debtor may pay to the marshal the amount of his debt, or s o much thereof as may be necessary to satisfy the executio n, and the marshal’s receipt is a sufficient discharge for the amount so paid. (b) Notwithstanding Subsection (a), in the case of a levy on earnings, the employer shall remit the earnings lev ied upon directly to the judgment creditor or the judgment c reditor’s attorney. Upon satisfaction of the judgment amount, the judgment creditor or the judgment creditor’s attorn ey shall file within thirty (30) days a satisfaction of judgment with the court and serve such document upon the employer. SOURCE: CCP § 716. Amended by P.L. 31-238:3 (Dec. 6, 2012) . NOTE: CCP § 717, Examination of Judgment Debtor, has been superseded by Rule 69 of the GRCP and so is omitted here. CCP § 718, Witnesses Required to Testify, has been superseded by Rule 69 of the GRCP and has been omitted here. § 23204. Order Applying Property Toward Satisfacti on of Judgment. The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person or due to the judgment debtor, to be applied toward the satisfaction of the

may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment; but no suc h order can be made as to money or property in the hands of any ot her person or claimed to be due from him to the judgment debtor, if such person claims an interest in the property adverse to the j udgment or denies the debt. SOURCE: CCP § 719. § 23205. Proceedings Upon Claim of Another Party. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 26 If it appears that a person or corporation, alleged to have property of the judgment debtor, or to be indebted to him, claims an interest in the property adverse to him, or deni es the debt, the judgment creditor may maintain an action against su ch person or corporation for the recovery of such interest or de bt, and the judge or referee may, by order, forbid a transfer o r other disposition of such interest or debt, until an acti on can be commenced and prosecuted to judgment. Such order ma y be modified or vacated by the judge or referee grantin g the same, or the court in which the action

uch interest or debt, until an acti on can be commenced and prosecuted to judgment. Such order ma y be modified or vacated by the judge or referee grantin g the same, or the court in which the action is brought, at any ti me, upon such terms as may be just. SOURCE: CCP § 720. § 23206. Disobedience of Referee's Order. If any person, party or witness disobeys an order o f the referee, properly made, in the proceedings before h im under this Article, they may be punished by the court or judge ordering the reference, for a contempt. SOURCE: CCP § 721. § 23207. Installment Payment Order. Upon motion of the judgment creditor, upon notice t o the judgment debtor, where it is shown that the judgmen t debtor is receiving or will receive money from any source, or is attempting to impede the judgment creditor by rende ring services without adequate compensation, the court shall orde r that the judgment debtor make specific installment payments to the judgment creditor. Notice of the motion shall be se rved on the judgment debtor in the same manner as a summons, or by registered or certified mail, return receipt reques ted.

allment payments to the judgment creditor. Notice of the motion shall be se rved on the judgment debtor in the same manner as a summons, or by registered or certified mail, return receipt reques ted. In fixing the amount of the payments, the court shall take into c onsideration the reasonable requirements of the judgment debtor and his dependents, any payments required to be made by him or deducted from the money he would otherwise receive in satisfaction of other judgments and wage assignment s, the amount due on the judgment, and the amount being or to be received, or, if the judgment debtor is attempting to impede the judgment creditor by rendering services without ade quate compensation, the reasonable value of the services rendered. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 27 SOURCE: CCP § 722, added by P.L. 9-194 (1968). ---------- ARTICLE 3 SALE OF FRANCHISES § 23301. Franchise Subject to Levy and Sale. § 23302. Purchases to Transact Business of Corporat ion. § 23303. Recovery of Penalties and Damages for Inju ry to Franchise or Property. § 23304. Corporation to Retain Powers after Sale. § 23305. Place of Sale. § 23306.

Transact Business of Corporat ion. § 23303. Recovery of Penalties and Damages for Inju ry to Franchise or Property. § 23304. Corporation to Retain Powers after Sale. § 23305. Place of Sale. § 23306. Infringement of Franchise Prohibited. § 23301. Franchise Subject to Levy and Sale. For the satisfaction of any judgment against any pe rson, company or corporation having any franchise other t han the franchise of being a corporation, such franchise, a nd all the rights and privileges thereof, may be levied upon a nd sold under execution, in the same manner, and with the same ef fect, as any other property. SOURCE: CCP § 724a. § 23302. Purchases to Transact Business of Corpora tion. The purchaser at the sale must receive a certificat e of purchase of the franchise, and be immediately let i nto the possession of all property necessary for the exerci se of the powers and the receipt of the proceeds thereof, and must thereafter conduct the business of such corporation , with all its powers and privileges, and subject to all its liabi lities, until the redemption of the same, which redemption may be had as provided in this Title in the case of redemption fr om sales of real estate on

rs and privileges, and subject to all its liabi lities, until the redemption of the same, which redemption may be had as provided in this Title in the case of redemption fr om sales of real estate on execution. SOURCE: CCP § 724b. § 23303. Recovery of Penalties and Damages for Inj ury to Franchise or Property. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 28 The purchaser or his assignee is entitled to recove r any penalties imposed by law and recoverable by the cor poration for an injury to the franchise or property thereof, or for any damages or other causes, occurring during the time he holds the same, and may use the name of the corporation for the purchas e of any action necessary to recover the same. A recovery fo r damages, or any penalties thus had, is a bar to any subsequent action by or on behalf of the corporation for the same. SOURCE: CCP § 724c. § 23304. Corporation to Retain Powers after Sale. The person, company, or corporation whose franchise is sold, as in this Article provided, in all other res pects retains the same powers, is bound to the discharge of the same duties, and is liable to the same penalties and forfeitures, as be

ranchise is sold, as in this Article provided, in all other res pects retains the same powers, is bound to the discharge of the same duties, and is liable to the same penalties and forfeitures, as be fore such sale. SOURCE: CCP § 724d. § 23305. Place of Sale. The sale of any franchise under execution must be m ade in the district in which the corporation has its princ ipal place of business, or in which the property, or some portion thereof is situated. SOURCE: CCP § 724e. § 23306. Infringement of Franchise Prohibited. It shall be unlawful for any person to operate, dir ectly or indirectly, a common carrier other than a passenger car, upon any route over which any other person shall hold a transportation franchise. However, the foregoing shall not be cons trued to restrict the right of any person to employ his own, or hired vehicles for pleasure, or in the conduct of his own business, other than that of acting as a common carrier. SOURCE: CCP § 725. NOTE: Guam CCP § 725, relative to infringement of vehicul ar common carrier franchises is probably superfluous. Those c ommon carriers which are permitted on Guam, taxis and mass transit commo n carriers, are completely regulated in

infringement of vehicul ar common carrier franchises is probably superfluous. Those c ommon carriers which are permitted on Guam, taxis and mass transit commo n carriers, are completely regulated in Title 11 of the GCA (Taxis) and Title 12 (Mass Transit Authority). Now (1992), no common passenger carriers can operate on Guam's roads other than the Mass Transit Authority. No COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 29 counterpart of this section exists in California. I t appears that this Section was added in 1953 when there was no general regulat ion of common carrier franchises in other parts of the laws. At t his time, (2000) Guam has not regulated freight or cargo carriers. ---------- ARTICLE 4 PROTECTION AGAINST RECALCITRANT JUDGMENT DEBTORS SOURCE: Entire Article added by P.L. 34-077:2 (Feb. 9, 20 18). § 23401. Definitions. § 23402. Contents of Petition for Turnover. § 23403. Assets on Guam. § 23404. Assets Outside of Guam. § 23405. Enforcement. § 23406. Application. § 23401. Definitions. For purposes of this Article: (a) Assets means any item of economic value owned by a person as defined in this Section.

side of Guam. § 23405. Enforcement. § 23406. Application. § 23401. Definitions. For purposes of this Article: (a) Assets means any item of economic value owned by a person as defined in this Section. Examples in clude, but are not limited to, cash, securities, accounts receivable, inventory, office equipment, real estate, a car, an d other property. (b) Judgment creditor means a party to which a debt is owed, that has proved the debt in a legal procee ding, and that is entitled to use judicial process to collect the debt; the owner of an unsatisfied court decision. (c) Judgment debtor means one who is obligated to pay a debt or damages in accordance with a judgemen t entered by a court. (d) Perso n can include, but is not limited to, a natural person, firms, labor organizations, partnerships, associations, corporations, legal entities, legal representatives, or trustees. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 30 § 23402. Contents of Petition for Turnover. The judgment creditor shall initiate the special proceeding with an order to show cause supported by an affidav it attesting to the following: (a) the actual amount of the judgment; (b)

for Turnover. The judgment creditor shall initiate the special proceeding with an order to show cause supported by an affidav it attesting to the following: (a) the actual amount of the judgment; (b) efforts taken to enforce the judgment; (c) efforts taken by the judgment debtor to avoid satisfaction of the judgment; (d) a statement of why the turnover order is needed ; and (e) a certified copy of the judgment, or if it is a foreign judgment, proof of its domestication in Gua m. § 23403. Assets on Guam. (a) A Guam judgment creditor is specifically author ized to file a motion for an order to show cause against a judgment debtor in an effort to compel the turnover of asset s or, when the assets that are sought are not in the possession of the judgment debtor himself, to compel any person who holds the assets of the judgment debtor to turn over those assets. Guam cou rts are hereby authorized to issue a 'delivery order' or 't urnover order.' (b) With respect to a person who holds the assets o f the judgment debtor, a Guam court may issue an order re quiring any person to deliver any such assets, or to convert sa id assets to money for payment of the judgment.

person who holds the assets o f the judgment debtor, a Guam court may issue an order re quiring any person to deliver any such assets, or to convert sa id assets to money for payment of the judgment. The court shall require any person to turn over the assets, or so much of it as is sufficient to satisfy the judgment, to the judgment creditor. Dis obedience of a turnover order is contempt of court and punishable as such. 2018 NOTE: Subsection designations added pursuant to the aut hority of 1 GCA § 1606. § 23404. Assets Outside of Guam. A judgment creditor is specifically authorized to f ile a special proceeding and seek an order to show cause against any person who purchased property from a judgment debto r, whether or not such property is currently within Guam’s jur isdiction. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 31 (a) Such a person shall receive notice and opportunity to be heard. (b) The Guam Superior Court shall , upon filing of the special proceeding, set the matter for a hearing no more than thirty (30) days after service of the person w ho purchased the assets from the judgment debtor.

uperior Court shall , upon filing of the special proceeding, set the matter for a hearing no more than thirty (30) days after service of the person w ho purchased the assets from the judgment debtor. (1) At the hearing, the person shall be afforded the opportunity to produce evidence of its cost in acqu iring the assets. (2) Said person shall be entitled to reimbursement of this amount. (3) Thereafter, the Guam court shall issue a turnover order pertaining to any such purchased ass ets with a lien in favor of the person who originally purchased it from the judgment debtor for the purch ase price of the turnover property. (4) Upon the judgment creditor’s, or his designated agent’s, sale of the turnover property, all proceeds above the lien amount shall be used to retire the judgment debtor’s obligation. (c) Any judgment creditor who uses this Article to collect or enforce its judgment is entitled to all costs and attorneys’ fees expended in the collection effort. 2018 NOTE: Subsection designations added pursuant to the aut hority of 1 GCA § 1606. § 23405. Enforcement. If the Guam court has personal jurisdiction over a judgment debtor or a person in possession of the turnover pr

on designations added pursuant to the aut hority of 1 GCA § 1606. § 23405. Enforcement. If the Guam court has personal jurisdiction over a judgment debtor or a person in possession of the turnover pr operty, a turnover order issued by a Guam court is still effe ctive even when the property sought is outside of Guam. Any or der compelling a party to bring property into the islan d of Guam that is ignored is contempt of court and punishable as s uch. § 23406. Application. COL6/5/20197 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 32 This Article shall apply to all Guam judgment creditors that have judgments against foreign persons or entities. ---------- COL6/5/2019