Title 7 — Judiciary and Civil Procedure

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.

The sale of any franchise under execution must be made in the district in which the corporation has its principal place of business, or in which the property, or some portion thereof is situated. SOURCE: CCP § 724e.

It shall be unlawful for any person to operate, directly 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 construed to restrict the right of any person…

For purposes of this Article: (a) Assets means any item of economic value owned by a person as defined in this Section. Examples include, but are not limited to, cash, securities, accounts receivable, inventory, office equipment, real estate, a car, and other property. (b) Judgme…

The judgment creditor shall initiate the special proceeding with an order to show cause supported by an affidavit 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 satisf…

(a) A Guam judgment creditor is specifically authorized to file a motion for an order to show cause against a judgment debtor in an effort to compel the turnover of assets or, when the assets that are sought are not in the possession of the judgment debtor himself, to compel any …

A judgment creditor is specifically authorized to file a special proceeding and seek an order to show cause against any person who purchased property from a judgment debtor, whether or not such property is currently within Guam’s jurisdiction. (a) Such a person shall receive noti…

If the Guam court has personal jurisdiction over a judgment debtor or a person in possession of the turnover property, a turnover order issued by a Guam court is still effective even when the property sought is outside of Guam. Any order compelling a party to bring property into …

This Article shall apply to all Guam judgment creditors that have judgments against foreign persons or entities. ----------

Any action for the recovery of any debt, or the enforcement of any right secured by mortgage on real or personal property, must be in accordance with the provisions of this Chapter. All actions for the foreclosure of a mort- gage or other encumbrance upon real estate must be brou…

In all actions for the foreclosure of a mortgage, the complaint shall set forth the date and due execution of the mortgage; its assignments, if any; the names and residences of the mortgagor; a description of the mortgaged property; a statement of the date of the note or other ob…

If, upon trial in such action, the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and costs, and shall render judgment for the sum so found due, and orde…

When the defendant, after being directed to do so, as provided in the last preceding section, fails to pay the principal, interest, and costs at the time directed in the order, the court shall order the property (or so much thereof as may be necessary) to be sold in the manner an…

The money arising from the sale of mortgaged property, under the regulations hereinbefore prescribed, shall, after deduction of costs of sale, be paid to the person foreclosing the mortgage, and when there shall be any COL2102014 surplus, after paying off such mortgage or other e…

If the debt for which the mortgage or encumbrance was held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease; and afterwards, as often as more becomes due for principal or interest, the court may, on motion,…

Upon the sale of any real property, under a decree for a sale to satisfy a mortgage or other encumbrance thereon, if there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall give a decree against the defendant for any such bal…

The final record in the action shall set forth, in brief, the petition and other pleadings, judgment, orders, the proceedings under the order of sale, and the decree confirming the same, and the name of the purchaser, with a description of the estate purchased by him. A certified…

When several co-tenants own real property as joint tenants, or tenants in common, in which one or more of them have an estate of inheritance, or for life or lives or for years, or when real property is subject to a life estate with remainder over, an action may be brought by one …

When several persons are co-owners of any personal property, an action may be brought by any one or more such co-owners for a partition thereof; or in case partition cannot be had without great prejudice to the owners, for the sale thereof, and partition of the proceeds according…

The interests of all persons in the property, whether such persons are known or unknown, must be set forth in the complaint, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the plaintif…

No person having a conveyance of or claiming a lien on, the property, or some part of it, need be made a party to the action, unless such conveyance or lien appears of record. SOURCE: CCP § 754. COL2102014