Guam § 23202 - Proceedings in Aid of Execution; Examination;

§ 23202. Proceedings in Aid of Execution; Examination;

Arrest of Debtor; Undertaking or Imprisonment.

After the issuing of an execution against property, and upon

proof, by affidavit of a party or otherwise, to the satisfaction of a

judge of the court, that any judgment debtor has property which he

unjustly refuses to apply toward the satisfaction of the judgment,

such judge may, by an order, require the judgment debtor to appear,

at a specified time and place, before such judge, or a referee

appointed by him, to answer concerning the same; and such

proceedings may thereupon be had for the application of the

property of the judgment debtor towards the satisfaction of the

judgment as are provided upon the return of an execution. Instead of

the order requiring the attendance of the judgment debtor, the judge

may, upon affidavit of the judgment creditor, his agent or attorney,

if it appear to him that there is danger of the debtor absconding,

order the Director of Public Safety to arrest the debtor and bring

him before such judge. Upon being brought before the judge, he

may be ordered to enter to an undertaking, with sufficient sureties,

that he will attend from time to time before the judge or referee, as

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may be directed during the pendency of proceedings and until the

final determination thereof, and will not in the meantime dispose of

any portion of his property not exempt from execution. In default of

entering into such undertaking he may be committed to prison.