43.1501 Application-Notice and hearing-Determination.

Cite as [A.S.C.A. § 43.1501]

(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.

History: 1962, PL 7-36.

Case Notes:

Mortgage foreclosure is not an execution of money judgement and is not to be treated as such, though this section provides essential relief to debtors. Patel v. Hisatake, 2 ASR2d 99 (App. Div. 1986).

Territorial statute providing that judgment debtor may apply for an order setting payments on the judgment in accordance with his ability to pay is an important protection for debtors in the absence of a bankruptcy statute, and court should use the full reach of its equitable powers to effect the statutory protection. A.S.C.A. § 43.1501. R.S.T.T.A.N. Hisatake, Inc., v. Dullabhbhai K. Patel & Co., Ltd., 3 A.S.R.2d 99 (1986).

Territorial statute providing that court should set payments on a judgment in accordance with debtor's ability to pay did not defeat creditor's right to foreclose a chattel mortgage. A.S.C.A. §§ 37.1002, 37.1103, 43.1501. R.S.T.T.A.N. Hisatake, Inc., v. Dullabhbhai K. Patel & Co., Ltd., 3 A.S.R.2d 99 (1986).

Even without a showing of "clean hands," the Orders in Aid of Judgment statute permits relief from having to pay the entire amount of a judgment at once. A.S.C.A. § 43.1501 et seq. Huff v. Huff, 15 A.S.R.2d 83 (1990).

The "order in aid of judgment" statute requires the court, upon application from a judgment debtor, to order a payment schedule which "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," specifically including traditional, Samoan family obligations. A.S.C.A. § 43.1501. Samoa Products, Inc. v. A`asa, 17 A.S.R.2d 66 (1990).