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Chapter 15 - Orders and Execution

Chapter 15 - Orders and Execution

43.1501 Application-Notice and hearing-Determination.


(a) At any time after the entry of judgment for the payment of money by one party to another and before the judgment has been satisfied in full, either party may apply to the court for an order in aid of judgment.

(b) Upon such application or upon its own motion, the court, after notice to the debtor or if he is then present in court, may hold a hearing on the question of the debtor’s ability to pay and determine the fastest manner in which the debtor can reasonably pay the judgment.

(c) In making this determination, the court shall allow the debtor to retain such property and such portion of his income as may be necessary to provide the reasonable living requirements of the debtor and his dependents, including fulfillment of any obligation he may have to any family group in return for which he, or his dependents, receive any necessary part of the food, goods, shelter or services required for their living.

43.1502 Evidence.


At the hearing, the debtor may be examined orally before the court or the court may refer the examination to a single judge of the court to take evidence and report his findings. In either case, any evidence properly bearing on the question may be introduced by either party or by the court or the single judge, in the same manner as at the trial of a civil action.

43.1503 Order for payment-Time and method.


Upon having heard the evidence or having received the report of the single judge, the court shall make such order in aid of judgment as is just for the payment of the judgment. No payment may be required until after the time for appeal from the judgment has expired without notice of appeal being filed or after any appeal duly taken has been finally determined or after an order has been entered that an appeal shall not stay the judgment. The order in aid of judgment may provide for the transfer of particular assets at a value determined by the court, or for payments in specified installments on particular dates or at specified intervals, or for any other method of payment which the court deems just.

43.1504 Stay of execution.


After an application for an order in aid of judgment has been filed in any action, no writ of execution may be issued therein except under an order in aid of judgment made in accordance with this chapter or by special order of the court for cause shown. If a writ of execution is outstanding, a judgment creditor applying for an order in aid of judgment shall file the writ of execution with his application and a judgment debtor applying for an order in aid of judgment may request a stay of execution which may be granted by the court on such terms, if any, as it deems just.

43.1505 Modification of order.


Any order in aid of judgment made under this chapter may be modified at any time by the court as justice may require, upon application of either party and notice to the other, or on the court’s own motion.

43.1506 Failure to comply with order.


If any debtor fails without good cause to comply with any order in aid of judgment made under this chapter, he is guilty of contempt of court and may be punished therefor.

43.1520 Time of issuance.


Execution may be issued upon any judgment of any court at any time during the life of the judgment unless otherwise provided by law.

43.1521 Time within which returnable.


All executions issued by or from any court must be made returnable within 60 days from the date thereof.

43.1522 Address and signature.


All executions against property issued from any court must be addressed to a marshal or police officer and must be signed by the clerk of such court.

43.1523 Priority among executions.


Every officer receiving an execution issued in due form by any court shall note thereon the day and hour of its receipt and shall give priority in levying upon property of a defendant in execution, to the executions received by him according to the order in which they are received.

43.1524 Manner of levy-Inventory.


(a) Every levy by an officer, in pursuance of an execution issued by any court shall be made by taking the property levied upon into his possession, care and guardianship and, at his option, by removal of the same to some place of security.

(b) The officer shall make an inventory of the property levied upon.

43.1525 Advertisement for sale.


The officer shall, after levy, advertise for sale the property levied upon, whether real or personal, for 30 days, or for such time as the court shall order, by posting a written or printed notice in three conspicuous places within the district where the property is situated.

43.1526 Sale of property-Proceeds-Return.


The officer shall, on the day and at the place set for such public sale, unless paid the amount of the judgment, interest and costs, and his fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. He shall deduct from the proceeds of the sale sufficient moneys for the full satisfaction, if possible, of the execution and his costs, and expenses and commissions, and return the execution satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or his attorney.

43.1527 Execution form.


The form of execution against property to be issued from any court shall be as follows:

In--------------------------Court------------) Held at-------------------------------------------) EXECUTION

----------------------------------------------- )

vs.

-------------------------of------------------)

From: The Government of American Samoa

To : The Marshal—or any Police Officer of American Samoa

Greeting:

To a Police Officer or the Marshal of ---------------------------Court…………………..American Samoa: You are commanded to levy upon the personal property of…………………………., if any, within your jurisdiction, and if sufficient cannot be found, then upon his real property within your jurisdiction, and, giving 30 days notice, to sell the same, or so much thereof as may be found necessary, at public sale to the highest bidder, in order to satisfy a judgment rendered by me against him in favor of………….on the………………day of………………20……for $…………, the costs of court included, collecting also legal interest thereon from the date thereof, and your costs and the expenses of levy, advertisement and sale. Make due return to me on this execution, with your proceedings, thereon, and the money by you so collected, on or before the expiration of.. …. .days; and hereof fail not at your peril.

Given under my hand this.. ……day of……… 20.……..

Clerk of……………………………………… Court

43.1528 Real property of Samoans not subject to execution-Exception.


(a) No real property of a Samoan may be subject to sale under a writ of a court to satisfy any judgment other than a judgment foreclosing a valid mortgage, but the court may appoint a receiver to gather produce lying and being upon the property belonging to a Samoan debtor. Such receiver shall convert the same into cash for the purpose of satisfying any judgment.

(b) The remuneration to be paid to the receiver for his service shall be fixed by the court.

(c) For the purposes of this section “Samoan” includes American Samoans of at least one-half Samoan blood and persons born on other islands in the Pacific Ocean who are of at least one-half Polynesian, Melanesian or Micronesian blood and who reside in American Samoa.