Title 7, Judiciary and Civil Procedure

SOURCE: CCP § 684. NOTE: Enforcing Judgment, is covered by Rules 69 and 70, Guam Rules of Civil Procedure.

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 re…

a Party After His Death. 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…

SOURCE: CCP § 687. NOTE: Execution - How and to Whom Issued, is covered by Rule 69 Guam Rules of Civil Procedure.

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 intere…

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…

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, st…

(a) Except in the case of a levy on earnings, the marshal must execute the writ against the property of the judgment debtor, by levying on a sufficient amount of property, if there be sufficient, collecting or selling the things in action, and selling the other property and payin…

Before the sale of property on execution or under power contained in any deed of trust, notice thereof must be given as follows: (a) In case of perishable property; by posting written notice of the time and place of sale in three public places in the city where the property is to…

An officer selling without the notice prescribed in the last section forfeits Fifty Dollars ($50.00) to the aggrieved party, in addition to his actual damages, and a person willfully taking down or defacing the notice posted, if done before the sale or the satisfaction of the jud…

(a) All sales of property under execution must be held in a city, town, or village in the district where said property or some part thereof is situated, and must be made at auction, to the highest bidder, between the hours of 9 in the morning and 5 in the afternoon. (b) After suf…

If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property at any time to the highest bidder, and if any loss be occasioned thereby, the officer may recover the amount of such loss, with co…

When a purchaser refuses to pay, the officer may, in his discretion, thereafter reject any subsequent bid of such person. SOURCE: CCP § 696.

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 from the purchaser refusing to pay. SOURCE: CCP § 697.

When the purchaser of any personal property capable of manual delivery pays the purchase money, the officer making the sale must deliver to the purchaser the property, and, if desired, execute and deliver to him a certificate of the sale. Such certificate conveys to the purchaser…

ery. When the purchaser of any personal property not capable of manual delivery pays the purchase money, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate conveys to the purchaser all the right which the debtor had in su…

What Purchaser Acquires. Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest and claim of the judgment debtor thereto on the date of the levy of the execution thereon, where such judgment is not a lien upon such property; if t…

Sales of personal property, and of real property, when the estate therein is less than a leasehold of two (2) years unexpired 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 certifi…

Redeemed. Property sold subject to redemption, as provided in the last section, or any part sold separately, may be redeemed in the manner hereinafter provided, by the following persons or their successors in interest: (a) the judgment debtor, or his successor in interest, in the…

The judgment debtor, or redemptioner, may redeem the property from the purchaser any time within twelve (12) months after the sale on paying the purchaser the amount of purchase, with one percent (1%) per month thereon in addition, up to the time of redemption, together with the …

If property be so redeemed by a redemptioner, another redemptioner may, within sixty (60) days after the last redemptioner, again redeem it from the last redemptioner on paying the sum paid on such last redemption, with two percent (2%) thereon in addition, and the amount of any …

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, and no other redemption has been made and notice thereof given and the time for redemption has expired, the las…

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 the sale has been made is payable in a specified kind of money or currency, payments must be made in the same …

A redemptioner must produce to the officer or person from whom he seeks to redeem and serve with his notice to the commissioner making the sale, or his successor in office: (a) A copy of the docket of the judgment under which he claimed the right to redeem, certified by the clerk…

Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. But it is not waste for the person in possession of the …

The purchaser, from the time of the sale until the redemption, and a redemptioner, from the time of his redemption until another redemption, are entitled to receive from the tenant in possession, the rents of the property sold, or the value of the use and occupation thereof. But …

If the purchaser of real property sold on execution, or his successor in interest, be evicted therefrom in consequence of irregularities in the proceedings concerning the sale, or of the reversal or discharge of the judgment, he may recover the price paid, with interest, from the…

Compel Contribution. When property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his prop…

Where property levied upon, under execution to satisfy a judgment for the payment of money, is claimed, in whole or in part, by a person, corporation, partnership or association, other than the judgment debtor, such claimant may give an undertaking as herein provided, which under…

Such undertaking, with two (2) sureties, shall be executed by the person, corporation, partnership or association 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…

Said undertaking shall be filed in the action in which said execution issued, and a copy thereof served upon the judgment creditor or his attorney in said action. SOURCE: CCP § 711.

Within ten (10) days after the service of a copy of undertaking, the judgment creditor may object to such undertaking on the ground of inability of the sureties, or either of them, to pay the sum for which they became bound in said undertaking, and upon the ground that the estima…

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 of the time so justify being given to the judgment creditor or his attorney. Upon the hearing and exam…

When objection is made to the undertaking upon the ground that the estimated value of the property claimed, as stated in the undertaking, is less than the market value of the property claimed, the person, corporation, partnership or association may accept the estimated value stat…

The under-taking shall become effective for purpose herein specified ten (10) days after service of a copy thereof on the judgment debtor, unless objection to such undertaking is made as herein provided, and in case objection is made to the undertaking filed and served, then the …

Property. When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, 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 fro…

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 property which he unjustly refuses to apply toward th…

(a) After the issuing of an execution against property and before its return, any person indebted to the judgment debtor may pay to the marshal the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the marshal’s receipt is a sufficient disch…

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 judgment; but no such order can be made as to mone…

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 denies the debt, the judgment creditor may maintain an action against such person or corporation for the re…

If any person, party or witness disobeys an order of the referee, properly made, in the proceedings before him under this Article, they may be punished by the court or judge ordering the reference, for a contempt. SOURCE: CCP § 721.

Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that the judgment debtor is receiving or will receive money from any source, or is attempting to impede the judgment creditor by rendering services without adequate compensation, the court…

For the satisfaction of any judgment against any person, company or corporation having any franchise other than the franchise of being a corporation, such franchise, and all the rights and privileges thereof, may be levied upon and sold under execution, in the same manner, and wi…

The purchaser at the sale must receive a certificate of purchase of the franchise, and be immediately let into the possession of all property necessary for the exercise of the powers and the receipt of the proceeds thereof, and must thereafter conduct the business of such corpora…

Franchise or Property. The purchaser or his assignee is entitled to recover any penalties imposed by law and recoverable by the corporation 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…

The person, company, or corporation whose franchise is sold, as in this Article provided, in all other respects retains the same powers, is bound to the discharge of the same duties, and is liable to the same penalties and forfeitures, as before such sale. SOURCE: CCP § 724d.