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Terms Used In 7 Guam Code Ann. § 20403

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Before issuing the writ, the clerk of the court must require a written undertaking on the part of the plaintiff, in the sum not less than two hundred dollars ($200.00) and not exceeding the amount claimed by the plaintiff, with sufficient sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that if the attachment is discharged on the ground that the plaintiff was not entitled thereto under § 20401, the plaintiff will pay all damages which the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking.

At any time after the issuing of the attachment, but not later than two (2) days after the actual notice of the levy thereof, the defendant may except to the sufficiency of the sureties. If he fails to do so he is deemed to have waived all objections to them. When excepted to, the plaintiff’s sureties, upon notice to the defendant of less than one (1) day nor more than three (3) days, must justify before a judge or the clerk; and upon failure to justify, or if others in their place fail to justify, at the time and place appointed, the judge or the clerk, must issue an order vacating the writ of attachment.

SOURCE: CCP § 539.