Title 7, Judiciary and Civil Procedure

May be Compelled to Pay Costs. The marshal must make a full inventory of the property attached, and return the same with the writ. To enable him to make such return as to debts and credits attached, he must request at the time of service the party owing the debt or having the cre…

Accounts Without Suit to be Collected. If any of the property attached be perishable, the marshal must sell the same in the manner in which such property is sold on execution. The proceeds, and other property attached by him, must be retained by him to answer any judgment that ma…

Whenever property has been taken by an officer under a writ of attachment and it is made to appear satisfactorily to the court or a judge thereof that the interest of the parties to the actions will be subserved by a sale thereof, the court or judge may order such property to be …

If any personal property attached be claimed by a third person as his property, the same rules shall prevail as to the contents and making of said claim, and as to the holding of said property, as in case of a claim after levy upon execution, as provided for in § 23110 of this Ti…

If judgment be recovered by the plaintiff, the marshal must satisfy the same out of the property attached by him which has not been delivered to the defendant, or a claimant as hereinbefore provided, or subjected to execution on another judgment recovered previous to the issuing …

If, after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the marshal must proceed to…

If the execution be returned, unsatisfied, in whole or in part, the plaintiff may prosecute any undertaking given pursuant to § 540 or § 555, or he may proceed, as in other cases, upon the return of execution. SOURCE: CCP § 552.

If the defendant recovers judgment against the plaintiff, and no appeal is perfected and undertaking executed and filed any undertaking received in the action, all the proceeds of sales and money collected by the marshal, and all the property attached remaining in the commissione…

Whenever any defendant has appeared in the action, such defendant may, upon reasonable notice to the plaintiff, apply to the court in which the action is pending, or to the judge thereof, for an order to discharge the attachment wholly, or in part; and, upon the execution of the …

Before making such order, the court or judge must require an undertaking on behalf of such defendant by at least two sureties, residents and freeholders or householders in Guam, to the effect that in case the plaintiff recovers judgment in the action against the defendant, by who…

The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply, on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to a judge thereof…

Affidavit. If the motion be made upon affidavit on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavit or other evidence in addition to those on which the attachment was made. SOURCE: CCP § 557.

If, upon such application, it satisfactorily appears that the writ of attachment was improperly or irregularly issued, it must be discharged; provided, that such attachment shall not be discharged if, at or before the hearing of such application, the writ of attachment or the aff…

The marshal must return the writ of attachment with the summons if issued at the same time; otherwise within twenty (20) days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto; and whenever an order has been made discharging or releasin…

After the return and filing of the writ of attachment, or upon filing by the plaintiff of a verified affidavit setting forth the loss of the writ of attachment, the clerk of the court, upon demand of the plaintiff, may issue an alias writ which shall be in the same form as the or…

An attachment as to any real property may be released by a writing signed by the plaintiff, or his attorney, or the officer. SOURCE: CCP § 560; amended by P.L. 5-54 effective July 1, 1960.

The interest of a defendant in personal property belonging to the estate of a decedent, whether as heir, legatee, or devisee, may be attached by COL121007 serving the personal representative of the decedent with a copy of the writ and a notice that said interest is attached. Such…

A receiver may be appointed by the court in which an action is pending, or by the judge thereof: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or…

Before entering upon his duties, the receiver must be sworn to perform them faithfully, and with two or more sureties, approved by the court or judge, execute an undertaking to the government of Guam in such sum as the court or judge may direct, to the effect that he will faithfu…

The receiver has, under the control of the court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such act…

Funds in the hands of a receiver may be invested upon interest, by order of the court; but no such order can be made, except upon the consent of all the parties to the action. SOURCE: CCP § 569.

of. A receiver having any funds in his hands belonging to a person whose whereabouts are unknown to him shall, before receiving his discharge as such receiver, publish a notice for one (1) month on one or more public bulletin boards in Agana and in the district where the owner of…

Any bank duly licensed to do business in Guam may, where practica- ble, be appointed a receiver, and where so appointed shall not be required to give an undertaking or the oath prescribed in § 20504 of this Article. SOURCE: CCP § 571. ---------- ARTICLE 6 DEPOSIT IN COURT

Whenever money is paid into or deposited in court to be held in custody or trust for or on behalf of a person other than the government of Guam, the same shall be delivered to the clerk of the court in person. He thereupon must deposit it with a licensed bank in Guam in a special…

Whenever, in the exercise of its authority, a court has ordered the COL121007 deposit or delivery of money, or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the Chief of Police to take the money, or thing, and …

Upon the dissolution of any corporation, the court having jurisdiction on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effe…

Undertaking On. No party or attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity or affinity within the third degree, can be appointed receiver therein without the written consent of the parties, filed with the clerk. If a …