14 Guam Code Ann. § 5105
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In 14 Guam Code Ann. § 5105
- Dependent: A person dependent for support upon another.
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
) A creditor may not enforce payment of a judgment arising out of a consumer credit sale, a consumer lease or a consumer loan by garnishment or like proceedings directed to a person other than the debtor to recover unpaid earnings of the debtor, except earnings of the debtor earned from all sources in excess of One Hundred Dollars ($100.00) in any calendar week, in the case of a debtor with dependents and Sixty-Five Dollars ($65.00) in any calendar week, in the case of a debtor without dependents. For the purposes of this Section a person whose earnings in any calendar week are in excess of Sixty-five Dollars ($65.00) is not a dependent. For the purpose of determining a debtor’s weekly earnings, any amounts paid or payable to another creditor pursuant to previous garnishment or like proceedings directed to a person other than the debtor, or irrevocable assignment of earnings, is not included in the amount earned.
(2) This Section does not (a) subject either the levying officer or the person to whom garnishment proceedings are directed to any liability if earnings of the debtor are paid to the creditor in violation of this Section,
COL120106
14 Guam Code Ann. UNIFORM CONSUMER CREDIT CODE
CH. 5 REMEDIES AND PENALTIES
or (b) apply to proceedings directed to the debtor in aid of execution of a judgment.
(3) The amounts of One Hundred Dollars ($100.00) and Sixty-Five Dollars ($65.00) in Subsection (1) are subject to change pursuant to the provisions on adjustment of dollar amounts (§ 1106).