Guam § 20404 - Writ: To Whom Directed and What to State; If More Than

§ 20404. Writ: To Whom Directed and What to State; If More Than

One Defendant; Several Writs May be Issued at Same Time.

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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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.