Guam § 23110 - Indemnity Where Property Claimed by Third

§ 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.

COL6/5/2019

(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.