7 Guam Code Ann. § 23111
Terms Used In 7 Guam Code Ann. § 23111
- 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.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Statute: A law passed by a legislature.
(1) The debtor’s homestead as provided in the Civil
Code.
(2) Necessary household, table and kitchen furniture belonging to the judgment debtor, including one stove, stovepipes, beds and bedding.
(3) The farming utensils or implements of farming, not exceeding in value the sum of Fifty Dollars ($50) in all.
(4) One horse, or one carabao, one ox or other beast of burden with one cart for same, together not exceeding One Hundred Fifty Dollars ($150), and necessarily used by him in his ordinary occupation, and food for such beast of
burden for one month, also seed grain and vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of Twenty-five Dollars ($25).
(5) Books and articles connected with religious worship, together not exceeding Twenty-five Dollars ($25) in value.
(6) The necessary clothing of the debtor and that of all the immediate family together not exceeding Fifty Dollars ($50) in value and the provisions already provided for family use sufficient for three months.
(7) The tools and implements or a mechanic or artisan, necessary to carry on his trade, not exceeding Twenty-five Dollars ($25) in value.
(8) The professional libraries of lawyers, judges, clergymen, doctors, and preachers, not exceeding Two Hundred Fifty Dollars ($250) in value.
(9) One fishing boat and one net not exceeding a total value of Fifty Dollars ($50), the property of any fisherman who uses them.
(10) Gravestones lettered on in use.
(11) One cow and its suckling calf, two sows and their suckling pigs, fifteen (15) hens and three roosters, and the food for such cows, hogs, and chickens for one month.
(12) All arms, uniforms, and the accoutrements required by law to be kept for the Guam Militia.
(13) (A) Except with regard to a judgment or order for child or spousal support payments, all money received by any person, a resident of the territory, as a pension, or as an annuity or qualified or non-qualified retirement plan or disability or death or other benefit, or as a return of contributions and interest thereon, from the United States Government, from the government of Guam, or from any other political
subdivision of any jurisdiction of the United States, or any public trust, or public corporation, or from the governing body of any of them, or from any public board or boards, or from any retirement, life insurance, disability or annuity policy or system established by any of them pursuant to statute, whether the same shall be in the actual possession of such pensioner or beneficiary, or deposited by him.
(B) Except with regard to a judgment or order for child or spousal support payments, money held, controlled or in process of distribution by private retirement plans, life insurance policy or any profit- sharing plan designed and used for retirement purposes, or the payment of benefits and as an annuity, pension, retirement allowance, disability payment or death benefit from such retirement plans, life insurance policies, annuities, or profit-sharing plans, and all contributions and interest thereof returned to any member of any such retirement, life insurance, or profit-sharing plan, whether the same shall be in the actual possession of such pensioner or beneficiary, or deposited by him. The exemption given by this paragraph shall also apply to any money held in self- employed retirement plans and individual retirement annuities or accounts or the like provided for in the Internal Revenue Code of 1954, as amended (Territorial Income Tax Law), provided that such money does not exceed the maximum amount exempted from federal income taxation.
(14) The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment when it appears by the debtor’s affidavit or otherwise, that such earnings are necessary for the use of his family residing in Guam, supported in whole or in part by his labor, but where debts are incurred by any such person, or his wife or family for the common necessaries of life, or have been incurred at a time when the debtor had no family residing in the Territory of Guam, supported in whole or in part by hislabor, or incurred for personal services rendered by any employee or former employee, the one-half (2) of such earnings above- mentioned is nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred.
(15) All money received by any person as child support.
(16) All monies within an ABLE savings account set up in accordance with the Achieving A Better Life Experience Act or ABLE Act, Division B of U.S. Public Law No. 113-295, and in accordance with the Guam ABLE Savings Program Act in Chapter 53 of Division 2, Title 11, Guam Code Annotated.
(17) War claims awards paid by the United States of America pursuant to the Guam World War II Loyalty Recognition Act, Title XVII, Pub. L. No. 114-328, or a successor statute.
(b) No article, however, or species or property, mentioned in this section is exempt from attachment or execution issued upon a judgment recovered for its price, or upon a judgment for foreclosure of a mortgage or other lien thereon.
SOURCE: CCP § 690; subsection (1) amended by P.L. 5-045:1 (July 15,
1959) and P.L. 5-115:3 (Aug. 8, 1960); subsection 13 amended and subsection 15 added by P.L. 17-033 (Nov. 25, 1983). Codified to Chapter
23 of Title 7 Guam Code Ann. by the Compiler. Subsection 13 amended by P.L. 30-
031:2 (June 16, 2009). Subsection (a)(16) added by P.L. 34-144:4 (Dec.
12, 2018) as subsection (p), renumbered by the Compiler. Subsection
(a)(17) added by P.L. 35-12:1 (May 7, 2019).
2019 NOTE: Subsection/subitem designations were added/altered by the
Compiler pursuant to the authority of 1 Guam Code Ann. § 1606.