Guam § 23111 - Property Exempt From Execution or Attachment;

§ 23111. Property Exempt From Execution or Attachment;

Exceptions.

(a) The following property is exempt from execution,

except as herein otherwise specially provided:

(1) The debtor's homestead as provided in the Civil

Code.

(2) Necessary household, table and kitchen furniture

belonging to the judgment debtor, including one stove,

stovepipes, beds and bedding.

(3) The farming utensils or implements of farming, not

exceeding in value the sum of Fifty Dollars ($50) in all.

(4) One horse, or one carabao, one ox or other beast of

burden with one cart for same, together not exceeding One

Hundred Fifty Dollars ($150), and necessarily used by him

in his ordinary occupation, and food for such beast of

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burden for one month, also seed grain and vegetables

actually provided, reserved, or on hand for the purpose of

planting or sowing at any time within the ensuing six

months, not exceeding in value the sum of Twenty-five

Dollars ($25).

(5) Books and articles connected with religious

worship, together not exceeding Twenty-five Dollars ($25)

in value.

(6) The necessary clothing of the debtor and that of all

the immediate family together not exceeding Fifty Dollars

($50) in value and the provisions already provided for

family use sufficient for three months.

(7) The tools and implements or a mechanic or artisan,

necessary to carry on his trade, not exceeding Twenty-five

Dollars ($25) in value.

(8) The professional libraries of lawyers, judges,

clergymen, doctors, and preachers, not exceeding Two

Hundred Fifty Dollars ($250) in value.

(9) One fishing boat and one net not exceeding a total

value of Fifty Dollars ($50), the property of any fisherman

who uses them.

(10) Gravestones lettered on in use.

(11) One cow and its suckling calf, two sows and their

suckling pigs, fifteen (15) hens and three roosters, and the

food for such cows, hogs, and chickens for one month.

(12) All arms, uniforms, and the accoutrements

required by law to be kept for the Guam Militia.

(13) (A) Except with regard to a judgment or order for

child or spousal support payments, all money received

by any person, a resident of the territory, as a pension,

or as an annuity or qualified or non-qualified

retirement plan or disability or death or other benefit,

or as a return of contributions and interest thereon,

from the United States Government, from the

government of Guam, or from any other political

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subdivision of any jurisdiction of the United States, or

any public trust, or public corporation, or from the

governing body of any of them, or from any public

board or boards, or from any retirement, life insurance,

disability or annuity policy or system established by

any of them pursuant to statute, whether the same shall

be in the actual possession of such pensioner or

beneficiary, or deposited by him.

(B) Except with regard to a judgment or order for

child or spousal support payments, money held,

controlled or in process of distribution by private

retirement plans, life insurance policy or any profit-

sharing plan designed and used for retirement

purposes, or the payment of benefits and as an annuity,

pension, retirement allowance, disability payment or

death benefit from such retirement plans, life insurance

policies, annuities, or profit-sharing plans, and all

contributions and interest thereof returned to any

member of any such retirement, life insurance, or

profit-sharing plan, whether the same shall be in the

actual possession of such pensioner or beneficiary, or

deposited by him. The exemption given by this

paragraph shall also apply to any money held in self-

employed retirement plans and individual retirement

annuities or accounts or the like provided for in the

Internal Revenue Code of 1954, as amended

(Territorial Income Tax Law), provided that such

money does not exceed the maximum amount

exempted from federal income taxation.

(14) The earnings of the judgment debtor for his

personal services rendered at any time within thirty days

next preceding the levy of execution or attachment when it

appears by the debtor's affidavit or otherwise, that such

earnings are necessary for the use of his family residing in

Guam, supported in whole or in part by his labor, but where

debts are incurred by any such person, or his wife or family

for the common necessaries of life, or have been incurred at

a time when the debtor had no family residing in the

Territory of Guam, supported in whole or in part by his

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labor, or incurred for personal services rendered by any

employee or former employee, the one-half (2) of such

earnings above- mentioned is nevertheless subject to

execution, garnishment, or attachment to satisfy debts so

incurred.

(15) All money received by any person as child

support.

(16) All monies within an ABLE savings account set

up in accordance with the Achieving A Better Life

Experience Act or ABLE Act, Division B of U.S. Public

Law No. 113-295, and in accordance with the Guam ABLE

Savings Program Act in Chapter 53 of Division 2, Title 11,

Guam Code Annotated.

(17) War claims awards paid by the United States of

America pursuant to the Guam World War II Loyalty

Recognition Act, Title XVII, Pub. L. No. 114-328, or a

successor statute.

(b) No article, however, or species or property, mentioned

in this section is exempt from attachment or execution issued

upon a judgment recovered for its price, or upon a judgment for

foreclosure of a mortgage or other lien thereon.