All goods, chattels, moneys or other property, both real and personal, or any interest therein, of the judgment debtor, not exempt by law, and all property and rights of property seized and held under attachment in the action, are subject to execution. Shares or interests in any corporation or company, and debts and credits, and all other property, both real and personal, or any interest in either real or personal property, and all other property not capable of manual delivery, may be levied upon or released from levy in like manner as like property may be attached or released from attachment, except that a copy of the complaint in the action from which the writ issued need not accompany the writ; provided, that no cause of action or judgment as such, nor license issued by the Territory to engage in any business, profession, or activity shall be subject to levy or sale on execution. Until a levy, the property is not affected by the execution, but no levy shall bind any property for a longer period than one (1) year from the date of issuance of the execution, except a levy on the interests or claims of heirs, devisees, orlegatees in or to assets of deceased persons remaining in the hands of executors or administrators thereof prior to distribution and payment. However, an alias execution may be issued on said judgment and levied on any property not exempt from execution.

SOURCE: CCP § 688 amended by P.L. 15-126:1.

COMMENT: The Legislature has amended this section to conform, in substance if not in style, to California CCP § 688.

§ 23110. Indemnity Where Property Claimed by Third
Party.

(a) If the property levied on is claimed by a third person as his property, by a written claim verified by his oath or that of his agent, setting out his right to the possession thereof, and served upon the marshal, the marshal must release the property if the plaintiff or the person in whose favor the writ of execution runs fails within five (5) days after written demand to give the marshal an undertaking executed by at least two (2) good and sufficient sureties in a sum equal to double the value of the property levied on.

(1) If such undertaking be given, the marshal shall hold the property.

(2) The marshal, however, shall not be liable for damages to any such third party for the taking or keeping of such property if no claim is filed by any such third party.

(b) Such undertaking shall be made in favor of and shall indemnify such third person against loss, liability, damages, costs and attorneys fees, by reason of such seizing, taking, withholding or sale of such property by the marshal.

(c) Exceptions to the sufficiency of the sureties and their justification may be had and taken in the same manner as upon an undertaking on attachment. If they, or others in their place, fail to justify at the time and place appointed, the marshal must release the property, provided however, that if no exception is taken within five (5) days after notice of receipt of the undertaking, the third party shall be deemed to have waived any and all objections to the sufficiency of the sureties.

(d) The marshal may demand and exact the undertaking herein provided for notwithstanding any defect, informality or insufficiency of the verified claim served upon him.

(e) Whenever a verified third party claim is served upon the marshal, upon levy of execution, the plaintiff or the person in whose favor the writ of execution runs, shall be entitled to a hearing within twenty (20) days therefrom, before the court having jurisdiction in the action, in order to determine title to the property in question, which hearing must be granted by the said court upon the filing of an application or petition therefor.

(1) Ten (10) days’ notice of such hearing must be given to all parties claiming an interest in the property, or their attorneys, which notice must specify that the hearing is for the purpose of determining title to the property in question.

(2) The court may continue the hearing beyond the said twenty (20) day period, but good cause must be shown for any such continuance.

SOURCE: CCP § 689.

2018 NOTE: Subsection designations were added by the Compiler pursuant to authority by 1 Guam Code Ann. § 1606.