7 Guam Code Ann. § 23207
Terms Used In 7 Guam Code Ann. § 23207
- 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.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Arrest: Taking physical custody of a person by lawful authority.
Property.
When an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the marshal, is returned unsatisfied in whole or in part the judgment creditor, at any time after such return is made, is entitled to an order from a judge of the court requiring such judgment to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place specified in the order.
SOURCE: CCP § 714.
§ 23202. Proceedings in Aid of Execution; Examination; Arrest of Debtor; Undertaking or Imprisonment.
After the issuing of an execution against property, and upon proof, by affidavit of a party or otherwise, to the satisfaction of a judge of the court, that any judgment debtor has property which he unjustly refuses to apply toward the satisfaction of the judgment, such judge may, by an order, require the judgment debtor to appear, at a specified time and place, before such judge, or a referee appointed by him, to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor towards the satisfaction of the judgment as are provided upon the return of an execution. Instead of the order requiring the attendance of the judgment debtor, the judge may, upon affidavit of the judgment creditor, his agent or attorney, if it appear to him that there is danger of the debtor absconding, order the Director of Public Safety to arrest the debtor and bring him before such judge. Upon being brought before the judge, he may be ordered to enter to an undertaking, with sufficient sureties, that he will attend from time to time before the judge or referee, asmay be directed during the pendency of proceedings and until the final determination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison.
SOURCE: CCP § 715.