Guam § 32123 - Post-judgment Relief.

§ 32123. Post-judgment Relief.

(a) If a money judgment entered under this chapter is

unsatisfied thirty (30) days after it becomes final and if the

prevailing party has made a good faith attempt to obtain

satisfaction of the judgment, the following presumptions exist

with respect to the party against whom the judgment was entered:

(1) That the judgment debtor is insolvent or in danger of

becoming insolvent; and

(2) That the judgment debtor’s property is in danger of

being lost, removed, or otherwise exempted from collection

on the judgment; and

(3) That the prevailing party will be materially injured

unless a receiver is appointed over the judgment debtor’s

business; and

(4) That there is no adequate and reasonably available

remedy other than receivership available to the prevailing

party.

(b) Subject to the provisions of subsection (a) of this section,

a prevailing party may move that the judgment debtor should

show cause why a receiver should not be appointed. Upon

adequate notice and hearing, the court shall appoint a receiver over

the judgment debtor’s business unless the judgment debtor proves

that all of the presumptions set forth in subsection (a) of this

section are not applicable.

(c) The order appointing a receiver must clearly state whether

the receiver will have general power to manage and operate the

judgment debtor’s business or have power to manage only the

judgment debtor’s finances. The order shall limit the duration of

the receivership to such time as all judgments issued against the

judgment debtor are paid in full. Where there are judgments

against a judgment debtor which have been awarded to more than

one (1) plaintiff, the court shall have discretion to take any action

necessary to efficiently operate a receivership in order to collect

the judgments.

COL10/29/2021