Guam § 20406 - Attachment of Real and Personal Property: Real Property:

§ 20406. Attachment of Real and Personal Property: Real Property:

Personal Property; Corporate Stock: Expense of Taking and Keeping;

Debts and Credits.

The marshal to whom the writ is directed and delivered must, upon

receipt of instructions in writing, signed by the judgment creditor, or his

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attorney of record, and containing a description of the property, and in the

case of real property a statement as to whether or not it is registered,

execute the same without delay, and if the undertaking mentioned in §

20404 of this Article be not given, as follows:

1. Real property, standing upon the records of the Director of

Land Management in the name of the defendant, must be attached, by

filing with the Director of Land Management a copy of the writ,

together with a description of the property attached, and a notice that it

is attached, and by leaving a similar copy of the writ, description, and

notice with an occupant of the property, if there is one; if not, then by

posting the same in a conspicuous place on the property attached.

2. Real property, or an interest therein, belonging to the

defendant, and held by any other person, or standing on the records of

the government in the name of any other person, must be attached by

filing with the Director of Land Management a copy of the writ,

together with a description of the property, and a notice that such real

property, and any interest of the defendant therein, held by or standing

in the name of such other person (naming him) are attached; and by

leaving with the occupant, if any, and with such other person, or his

agent, if known and within the Territory of Guam, or at the residence

of either, if within Guam, a copy of the writ with a similar description

and notice. If there is no occupant of the property, a copy of the writ,

together with such description and notice, must be posted in a

conspicuous place upon the property. The Director of Land

Management must index such statement when filed, in the names both

of the defendant and of the person by whom the property is held or in

which name it stands on the records.

3. Personal property, capable of manual delivery, must be

attached by taking it into custody.

4. Stocks or shares, or interest in stocks or shares, of any

corporation or company, must be attached by leaving with the presi-

dent or other head of the same, or the secretary, cashier, or other

managing agent thereof, a copy of the writ, and a notice stating that the

stock or interest of the defendant is attached, in pursuance of such writ.

5. In all cases where the marshal is instructed to take into

possession personal property capable of manual delivery, whether the

same is to be placed in a warehouse or in custody of a keeper, the

marshal may require, as a prerequisite to the taking of such property,

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that in addition to written instructions the attaching party or judgment

creditor, or the attorney of record of each, deposit with said marshal a

sum of money sufficient to pay the expense of taking and keeping

safely said property for a period of not to exceed five (5) days, and that

in the event that a further detention of said property is ordered after the

period for which the fees have been deposited, the marshal may, from

time to time make a written demand upon the plaintiff or his attorney

for further deposits to cover estimated expenses for periods not to

exceed five (5) days each. The demand above provided to be given to

his attorney may be given by serving the same as provided in the Rules

of Civil Procedure of the Superior Court. In the event that the money

so demanded is not paid within five (5) days after service of said

demand given as herein provided, the marshal may release the property

to the person or persons from whom the same was taken. There shall

be no liability upon the part of the marshal to take or hold personal

property unless the provisions of this section shall have been fully

complied with.

6. Debts and credits and other personal property, not capable of

manual delivery, must be attached by leaving the person owing such

debts, or having in his possession, or under the control, such credits

and other personal property, or with his agent, or in the case of a

corporation, with the president of the corporation, vice president,

secretary, assistant secretary, cashier, or managing agent thereof, a

copy of the writ, and a notice that the debts owing by him to the

defendant, or the credits and other personal property in his possession,

or under his control, belonging to the defendant, are attached in pursu-

ance of such writ, except in the case of attachment of growing crops, a

copy of the writ, together with a description of the property attached,

and a notice that it is attached shall be recorded or registered the same

as in the attachment of real property.