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Terms Used In 7 Guam Code Ann. § 23103

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
e writ of execution must be issued in the name of the Government of Guam, sealed with the seal of the court, and subscribed by the judge, and be directed to the marshal, and it must intelligibly refer to the judgment, stating the court, and if it be for money, the amount thereof, and the amount actually due thereon, and if made payable in a specified kind of money or currency, as provided in § 21601 of this Title, the execution must also state the kind of money or currency in which the judgment is payable, and must require the marshal substantially as follows:

(a) If it be against the property of the judgment debtor, it must require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor, and if sufficient personal property cannot be found, then out of his real property, or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the judgment was docketed, or at any time thereafter.

(b) If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants or trustees, it must require the marshal to satisfy the judgment, with interest, out of such property.

(c) If it be issued on a judgment made payable in a specified kind of money or currency, as provided in § 21601 of this Title it must also require the marshal to satisfy the same in the kind of money or currency in which the judgment is made payable, and the marshal must refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he must refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution. The marshal collecting money or currency in the manner required by this Article must pay to the plaintiff or party entitled to recover the same kind of money or currency received by him.

(d) If it be for the delivery of the possession of real or personal property, it must require the marshal to deliver the possession of the same, describing it, to the party and title thereto, and may at the same time require the marshal tosatisfy any costs, damages, rents or profits recovered by the same judgment, out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property as provided in the first subsection of this section.

SOURCE: CCP § 682.

2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “”Numbers”” to “”Lowercase Letters”” in this section.