Terms Used In 7 Guam Code Ann. § 20404

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Oath: A promise to tell the truth.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The writ must be directed to the marshal of the court, and must require him to attach and safely keep all the property of such defendant, within his district, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff‘s demand against such defendant, the amount of which must he stated in conformity with the complaint, unless such defendant gives him security by the undertaking of at least two sufficient

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 20 PROVISIONAL REMEDIES IN CIVIL ACTIONS

sureties which must first be approved by a judge of the court issuing the writ, or unless the defendant deposits a sum of money with the commis- sioner in an amount sufficient to satisfy such demand against such defendant, besides costs, or in an amount equal to the value of the property of such defendant which has been or is about to be attached.
In the event that the action is against more than one defendant, any defendant whose property has been or is about to be attached in such action may give the marshal such under-taking or deposit such sum of money, and the marshal shall take the same, and such undertaking or the deposit of such sum of money shall not subject such defendant to or be answerable for any demand against any other defendant, nor shall the marshal thereby be prevented from attaching or be obliged to release from attachment, any property of any other defendant, provided, however, that such defendant, at the time of giving such undertaking to or depositing such sum of money with the marshal, shall file with the marshal a statement, duly verified under oath, wherein such defendant shall aver or declare that the other defendant or defendants in the action in which said undertaking was given, or such sum of money was deposited, has or have not any interest or claim of any nature whatsoever in or to said property.
Such statement must further contain the character of such defendant’s title and the manner in which he acquired title to such attached property, provided further, that before said attachment shall be released, the undertak- ing required by this section must be approved by the judge of the court ordering the issue of the writ of attachment.
SOURCE: CCP § 540.

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