7 Guam Code Ann. § 20402
Terms Used In 7 Guam Code Ann. § 20402
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
1. The facts specified in § 20401 which entitle him to the writ;
2. The amount of the indebtedness claimed, over and above all legal set-offs or counterclaims, or the amount claimed as damages; and,
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7 Guam Code Ann. CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS
3. That the attachment is not sought, and the action is not prosecuted, to hinder, delay, or defraud any creditor of the defendant.
In all cases where the earnings of the judgment debtor which would be exempt under the provisions of subdivision of § 23111 of this Title are sought to be attached on the ground that the action is brought to collect a debt incurred for the common necessaries of life, the affidavit must contain a statement to that effect, and must specify the character or nature of the items constituting the alleged necessaries.
SOURCE: CCP § 538.