Guam § 23404 - Assets Outside of Guam.

§ 23404. Assets Outside of Guam.

A judgment creditor is specifically authorized to file a

special proceeding and seek an order to show cause against any

person who purchased property from a judgment debtor, whether

or not such property is currently within Guam’s jurisdiction.

COL6/5/2019

(a) Such a person shall receive notice and opportunity

to be heard.

(b) The Guam Superior Court shall, upon filing of the

special proceeding, set the matter for a hearing no more

than thirty (30) days after service of the person who

purchased the assets from the judgment debtor.

(1) At the hearing, the person shall be afforded the

opportunity to produce evidence of its cost in acquiring

the assets.

(2) Said person shall be entitled to reimbursement

of this amount.

(3) Thereafter, the Guam court shall issue a

turnover order pertaining to any such purchased assets

with a lien in favor of the person who originally

purchased it from the judgment debtor for the purchase

price of the turnover property.

(4) Upon the judgment creditor’s, or his

designated agent’s, sale of the turnover property, all

proceeds above the lien amount shall be used to retire

the judgment debtor’s obligation.

(c) Any judgment creditor who uses this Article to

collect or enforce its judgment is entitled to all costs and

attorneys’ fees expended in the collection effort.

2018 NOTE: Subsection designations added pursuant to the authority of

1 GCA § 1606.