Guam § 20403 - Undertaking on Attachment; Exceptions to Sureties.

§ 20403. Undertaking on Attachment; Exceptions to Sureties.

Before issuing the writ, the clerk of the court must require a written

undertaking on the part of the plaintiff, in the sum not less than two hundred

dollars ($200.00) and not exceeding the amount claimed by the plaintiff,

with sufficient sureties, to the effect that if the defendant recovers judgment,

the plaintiff will pay all costs that may be awarded to the defendant and all

damages which he may sustain by reason of the attachment, not exceeding

the sum specified in the undertaking, and that if the attachment is

discharged on the ground that the plaintiff was not entitled thereto under §

20401, the plaintiff will pay all damages which the defendant may have

sustained by reason of the attachment, not exceeding the sum specified in

the undertaking.

At any time after the issuing of the attachment, but not later than two

(2) days after the actual notice of the levy thereof, the defendant may except

to the sufficiency of the sureties. If he fails to do so he is deemed to have

waived all objections to them. When excepted to, the plaintiff's sureties,

upon notice to the defendant of less than one (1) day nor more than three (3)

days, must justify before a judge or the clerk; and upon failure to justify, or

if others in their place fail to justify, at the time and place appointed, the

judge or the clerk, must issue an order vacating the writ of attachment.