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Terms Used In 7 Guam Code Ann. § 21607

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
An abstract of the judgment or decree of any court of record of Guam, or of the United States, the enforcement of which has not been stayed on appeal, certified by the clerk of the Court where such judgment or decree was rendered, may be filed with the Director of Land Management and from such filing the judgment or decree becomes a lien upon all the real property of the judgment debtor, not exempt from execution, owned by him at the time, or which he may afterwards and before the lien expires acquire. Such lien continues for five (5) years from the date of entry of the judgment or decree, unless the enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in this Title, or by statutes of the United States, in which case the lien of the judgment or decree, or any lien or liability now existing or hereafter created by virtue of an attachment that has been issued and levied in the action, unless otherwise by statutes of the United States provided, ceases, or upon an undertaking on

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 21 TRIAL & JUDGMENTS

release of attachment, or unless the judgment or decree is previously satisfied, or the lien otherwise is discharged. The abstract above-mentioned shall contain the following:

Title of the Court and cause and number of the action; Date of entry of the judgment or decree;
Names of the judgment debtor and of the judgment creditor; Amount of the judgment or decree;
and where entered in judgment roll.

SOURCE: CCP § 674.

COMMENT: Persons having liens against registered property should make sure that the instrument creating the lien complies with the Land Title Registration Act, which contains additional provisions for registered land. See 21 Guam Code Ann. §§ 29192, 31101 and
31102; § 29159 and § 29160.

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