GCA Title 7, Chapter 23
7 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS
CHAPTER 23
EXECUTION OF JUDGMENTS IN CIVIL ACTIONS
ARTICLE 1
EXECUTION
7 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS
- § 23126. Deed to be Given at Expiration of Redemption.
- § 23127. To Whom Payments Made in Cases of Redemption.
- § 23128. What a Redemptioner Must Produce to Officer.
- § 23129. When Court May Restrain Waste on the Property.
- § 23130. Rents and Profits.
- § 23131. If Purchase is Evicted; How He May Recover.
- § 23131. If Purchaser is Evicted; How He May Recover.
- § 23132. Party Who Pays More Than His Share May Compel 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, have a writ of execution issued for its enforcement. If, after the entry of the judgment, the issuing of execution thereon is stayed 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 power without the consent of the adverse party to stay for a longer period than thirty (30) days the execution of any judgment or order, the execution whereof would be stayed on appeal only by the execution of a stay bond, provided, that if a motion 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.
7 GCA CIVIL PROCEDURE CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS
The writ of execution must be issued in the name of the Government of Guam, sealed with the seal of the court, and subscribed by the judge, and be directed to the marshal, and it must intelligibly refer to the judgment, stating the court, and if it be for money, the amount thereof, and the amount actually 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 the judgment is payable, and must require the marshal substantially 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 debtor, and if sufficient personal property cannot be found, then out of his real property, or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter. (b) If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants or trustees, it must require the marshal to satisfy the judgment, with interest, out of such property. (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 satisfy the same in the kind of money or currency in which the judgment is made payable, and the marshal must refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The marshal collecting money or currency 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 of real or personal property, it must require the marshal to deliver the possession of the same, describing it, to the party and title thereto, and may at the same time require the marshal to
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satisfy any costs, damages, rents or profits recovered 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 sufficient personal property cannot be found, then out of the real property as provided in the first subsection of this section. SOURCE: CCP § 682. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with ‘Numbers’ to ‘Lowercase Letters’ in this section.
§ 23104. Return of Execution.
The execution may be made returnable, at any time not less than ten (10) nor more than sixty (60) days after its receipt by the marshal, to the clerk of the court. When the execution 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 carried into execution after the time lapse of six years from the 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 recovery 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 Property of a Party After His Death.
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Notwithstanding the death of a party after the judgment, execution thereon may be issued, or it may be enforced, as follows: (a) In case of the death of the judgment creditor, upon the application of his executor or administrator, or successor in interest. (b) In case of the death of the judgment debtor; if the judgment be for the recovery of real or personal property, or the enforcement of a lien thereon. SOURCE: CCP § 686. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning 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 Affected 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 property 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 personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be attached or released from attachment, except that a copy of the complaint in the action from which the writ issued need not accompany the writ; provided, that no cause of action or judgment as such, nor license issued by the Territory to engage in any business, profession, or activity shall be subject to levy or sale on execution. Until a levy, the property is not affected 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
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legatees in or to assets of deceased persons remaining in the hands of executors or administrators thereof prior to distribution and payment. However, an alias execution may be issued 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.
(a) If the property levied on is claimed by a third person as his property, by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the marshal, the marshal must release the property 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 value 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 keeping of such property if no claim is filed by any such third 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 the marshal. (c) Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the 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 have waived any and all objections to the sufficiency of the sureties.
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(d) The marshal may demand and exact the undertaking herein provided for notwithstanding any defect, informality 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 the person in whose favor the writ of execution runs, shall be entitled to a hearing within twenty (20) days therefrom, before the court having jurisdiction in the action, in order to determine 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 given to all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question. (2) The court may continue the hearing beyond the said twenty (20) day period, but good cause must be shown for any such continuance. SOURCE: CCP § 689. 2018 NOTE: Subsection designations were added by the Compiler pursuant to authority by 1 GCA § 1606.
§ 23111. Property Exempt From Execution or Attachment; 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 furniture belonging to the judgment debtor, including one stove, stovepipes, beds and bedding. (3) The farming utensils or implements of farming, not exceeding in value the sum of Fifty Dollars (150), and necessarily used by him in his ordinary occupation, and food for such beast of
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burden for one month, also seed grain and vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of Twenty-five Dollars (25) in value. (6) The necessary clothing of the debtor and that of all the immediate family together not exceeding Fifty Dollars (25) in value. (8) The professional libraries of lawyers, judges, clergymen, doctors, and preachers, not exceeding Two Hundred Fifty Dollars (50), the property of any fisherman who uses them. (10) Gravestones lettered on in use. (11) One cow and its suckling calf, two sows and their suckling pigs, fifteen (15) hens and three roosters, and the food for such cows, hogs, and chickens for one month. (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 received by any person, a resident of the territory, as a pension, or as an annuity or qualified or non-qualified retirement plan or disability or death or other benefit, or as a return of contributions and interest thereon, from the United States Government, from the government of Guam, or from any other political
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subdivision of any jurisdiction of the United States, or any public trust, or public corporation, or from the governing body of any of them, or from any public board or boards, or from any retirement, life insurance, disability or annuity policy or system established by any of them pursuant to statute, whether the same shall be in the actual possession of such pensioner or beneficiary, or deposited by him. (B) E