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7 GCA § 23111

Property Exempt From Execution or Attachment;

Guam Code AnnotatedTitle 7 — Judiciary and Civil Procedure
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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 COL6/5/2019 CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 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 COL6/5/2019 CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 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 profitsharing 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 selfemployed 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 COL6/5/2019 CH. 23 EXECUTION OF JUDGMENTS IN CIVIL ACTIONS 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)support. All money received by any person as child

(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.

§ The story of this section

  1. Amended by P.L. 5-45 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 5-115 § 3 (bill & sponsor pending — earlier Legislature not yet ingested)
  3. Enacted by P.L. 17-33 (bill & sponsor pending — earlier Legislature not yet ingested)
  4. Amended by P.L. 30-31 § 2 — introduced as Bill 87-30 · introduced by Ray Tenorio + 2 cosponsors
  5. Enacted by P.L. 34-144 § 4 — introduced as Bill 42-34 · introduced by Dennis G. Rodriguez, Jr + 1 cosponsor
  6. Enacted by P.L. 35-12 § 1 — introduced as Bill 3-35 · introduced by Louise Borja Muna + 2 cosponsors

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.