POHNPEI LAW REPORTS
PONAPE FEDERATION OF COOPERATIVE ASSOCIATION,
Pohnpei Civil Action No. 96-87
Trial Division of the Pohnpei Supreme Court
August 24, 1989
Motion for the issuance of a writ of execution on a debt while there was pending an order in aid of judgment under which the period or installment payment had not expired. The Trial Division of the Pohnpei Supreme Court, JUDAH C. JOHNNY, Associate Justice, denying the motion, held that under Section 5 of the Title 8 of the Trust Territory Code which remained part of the laws of Pohnpei State no writ of execution might issue when payments in aid of judgment were in progress.
Judgments - Enforcement of Judgments - Execution
No writ of execution may be issued by the Court during the pendency of an order in aid of judgment, when the period for the payment of installments of a judgment debt has not expired.
Counsel for Plaintiff: Matt Mix, Esq.
Kolonia, Pohnpei 96941
Counsel for Defendant: Ander Norman
Micronesian Legal Services Corporation
JUDAH C. JOHNNY, Assocaite Justice
The plaintiff on August 22,1989, moved for issuance of a Writ of Execution. This motion must be denied for the following reason.
Judgment in this action was entered upon stipulation of parties on July 24,1989, nunc pro tunc, to the first pay period of May 1989. In that judgment, the Court found the defendant owing the plaintiff the amount of $349.50. She was ordered to make payments of $20.00 per pay period beginning the first pay period of May 1980. Interest of 9°/a per annum was assessed on the judgment.
If the defendant had been making payment in accordance with the judgment she would have paid $160.00 at the least. This installment payment is therefore not yet completed.
Writ of Execution is covered by Title 8 of the Trust Territory Code which remains a part of the laws of the State. See Pohnpei State v. Mack, et al., 2 P.S.Ct.R 269. We have held that under Section 59 of Title 8 no writ of execution may issue when payments in aid of judgment are in progress. See Bernards Shopping Center
v. Panuelo, PCA No. 186-85 (1985) (unreported).
As indicated above, the period of installment payments has not been completed. The motion is therefore premature.
Accordingly plaintiff's motion for writ of execution is denied.