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Terms Used In 7 Guam Code Ann. § 20408

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Executor: A male person named in a will to carry out the decedent
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Personal property: All property that is not real property.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
An attachment or garnishment on personal property, whether hereto- fore levied or hereafter to be levied shall, unless sooner released or discharged, cease to be of any force or effect, and the property levied on be released from the operation of such attachment or garnishment, at the expiration of one (1) year after the issuance of the writ of attachment under which said levy was made; and the property levied on shall be delivered to the defendant or his order, or to his assignee or executor or administrator.
SOURCE: CCP § 542b.

COMMENT: See Koster and Wythe v. Massey, (1958) 262 F.2d 60.