Guam § 23103 - Who May Issue the Execution.

§ 23103. Who May Issue the Execution.

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The writ of execution must be issued in the name of the

Government of Guam, sealed with the seal of the court, and

subscribed by the judge, and be directed to the marshal, and it

must intelligibly refer to the judgment, stating the court, and if it

be for money, the amount thereof, and the amount actually due

thereon, and if made payable in a specified kind of money or

currency, as provided in § 21601 of this Title, the execution must

also state the kind of money or currency in which the judgment

is payable, and must require the marshal substantially as follows:

(a) If it be against the property of the judgment debtor,

it must require the marshal to satisfy the judgment, with

interest, out of the personal property of such debtor, and if

sufficient personal property cannot be found, then out of his

real property, or if the judgment be a lien upon real

property, then out of the real property belonging to him on

the day when the judgment was docketed, or at any time

thereafter.

(b) If it be against real or personal property in the

hands of the personal representatives, heirs, devisees,

legatees, tenants or trustees, it must require the marshal to

satisfy the judgment, with interest, out of such property.

(c) If it be issued on a judgment made payable in a

specified kind of money or currency, as provided in § 21601

of this Title it must also require the marshal to satisfy the

same in the kind of money or currency in which the

judgment is made payable, and the marshal must refuse

payment in any other kind of money or currency; and in

case of levy and sale of the property of the judgment debtor,

he must refuse payment from any purchaser at such sale in

any other kind of money or currency than that specified in

the execution. The marshal collecting money or currency in

the manner required by this Article must pay to the plaintiff

or party entitled to recover the same kind of money or

currency received by him.

(d) If it be for the delivery of the possession of real or

personal property, it must require the marshal to deliver the

possession of the same, describing it, to the party and title

thereto, and may at the same time require the marshal to

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satisfy any costs, damages, rents or profits recovered by the

same judgment, out of the personal property of the person

against whom it was rendered, and the value of the property

for which the judgment was rendered to be specified therein

if a delivery thereof cannot be had; and if sufficient personal

property cannot be found, then out of the real property as

provided in the first subsection of this section.