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Chapter 51 — Guam Law | CourtGPT
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Chapter 51

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7 GCA CIVIL PROCEDURE CH 51 THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT OF 2014 1 CHAPTER 51 THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT OF 2014 SOURCE: P.L. 32-215:2 (Dec. 29, 2014) added 7 GCA Chapter 51. § 51101. Title. § 51102. Purpose. § 51103. Definitions. § 51104. Filing and Status of Foreign Judgments. § 51105. Notice of Filing. § 51106. Stay. § 51106. Stay. § 51107. Fees. § 51108. Optional Procedure. § 51109. Uniformity of Interpretation. § 51101. Title. This Act shall be known as the 'Uniform Enforcement of Foreign Judgments Act (UEFJA) of 2014.' § 51102. Purpose. The purpose of this Act is to provide for a simpler and more efficient procedure to domesticate judgments rendered in othe r states or territories of the United States that result from needing to bring a new lawsuit to enforce a sister-state judgment. § 51103. Definitions. As used in this Act, unless the context otherwise r equires, foreign judgment means any judgment, decree, or order of a court of the United States, or of any other court, which is entitled to full faith and credit in Guam. § 51104. Filing and Status of Foreign Judgments .

ment means any judgment, decree, or order of a court of the United States, or of any other court, which is entitled to full faith and credit in Guam. § 51104. Filing and Status of Foreign Judgments . A copy of any foreign judgment authenticated in acc ordance with an act of Congress or the statutes or court rules of Guam may be filed in the office of the Clerk of the Superior Court of Guam. The Cle rk shall treat the foreign judgment in the same manner as a judgment of the Su perior Court of Guam. COL72220157 GCA CIVIL PROCEDURE CH 51 THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT OF 2014 2 A judgment so filed has the same effect and is subj ect to the same procedures, defenses, and proceedings for reopening , vacating, or staying as a judgment of the Superior Court of Guam, and may b e enforced or satisfied in like manner. § 51105. Notice of Filing. (a) At the time of the filing of the foreign judgm ent, the judgment creditor or the judgment creditor’s lawyer shall ma ke and file with the Clerk of Court an affidavit setting forth the name and la st known post office address of the judgment debtor and the judgment cre ditor.

the judgment creditor’s lawyer shall ma ke and file with the Clerk of Court an affidavit setting forth the name and la st known post office address of the judgment debtor and the judgment cre ditor. (b) Promptly upon the filing of the foreign judgme nt and the affidavit, the Clerk shall mail a notice of the filing of the foreign judgment to the judgment debtor at the address given, and shall mak e a note of the mailing in the docket. The notice shall include the name and p ost office address of the judgment creditor and the judgment creditor’s lawye r, if any, in Guam. In addition, the judgment creditor may mail a notice o f the filing of the judgment to the judgment debtor and may file proof of mailing with the Clerk. Lack of mailing notice of the filing by the Clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until thirty ( 30) days after the date the judgment is filed. § 51106. Stay. (a) If the judgment debtor shows the Superior Cour t in which the judgment is filed that an appeal from the foreign j udgment is pending

30) days after the date the judgment is filed. § 51106. Stay. (a) If the judgment debtor shows the Superior Cour t in which the judgment is filed that an appeal from the foreign j udgment is pending or will be taken, or that a stay of execution has been gran ted, the Court shall stay enforcement of the foreign judgment until the appea l is concluded, the time for appeal expires, or the stay of execution expire s or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state or other jurisdictio n in which it was rendered. (b) If the judgment debtor shows the Superior Cour t in which the judgment is filed any ground upon which enforcement of a judgment of the Superior Court of Guam would be stayed, the Court s hall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in Guam. COL72220157 GCA CIVIL PROCEDURE CH 51 THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT OF 2014 3 § 51107. Fees. Any person filing a foreign judgment shall pay to t he Clerk of Court a filing fee equal to that established by court rule for

HE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT OF 2014 3 § 51107. Fees. Any person filing a foreign judgment shall pay to t he Clerk of Court a filing fee equal to that established by court rule for the filing of civil actions. § 51108. Optional Procedure. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remai ns unimpaired. § 51109. Uniformity of Interpretation. This Act shall be so interpreted and construed as t o effectuate its general purpose to make uniform the law of those st ates and other jurisdictions which enact it. -------- COL7222015