Am. Samoa High Court Seizes Assets Of Corporation, Personal Estate

admin's picture

Move to settle $800,000 outstanding debt with Fijian textile company

By Joyetter Feagaimaalii-Luamanu

PAGO PAGO, American Samoa (The Samoa News, June 20, 2014) – American Samoa High Court Deputy Marshal Michael Nix and a group of court marshals executed a ‘writ of execution’ on Monday June 16, 2014 against Alamai Corporation and the Estate of Alex Galea’i, closing off Alamai’s Unique Merchandise, the gas station and their Steinlager office in Leone. This follows a civil proceeding with a Fijian company, Binaco Textiles Ltd., which alleges that Alamai Corporation owes them close to $800,000.

According to the writ, the Clerk of Courts "commanded" the Marshal, or any police officer of American Samoa, "to levy upon the personal property of Alamai Corporation if any, within your jurisdiction, and if sufficient funds cannot be found, then upon its real property" and, giving 30 days notice, to sell the same", in order to satisfy a judgment rendered against it in favor of Binaco Textiles LTD."

According to the writ, on Jan. 24, 2012 the judgment — in the amount of $749,945.41 — plus legal post-judgment interest accruing from the judgment date at a rate of $123.28 per day as well as costs and expenses of levy, advertisement and sale.

This follows an application for writ and execution filed in High Court last week by Charles Alailima, attorney for Binaco Textiles Ltd.

According to the application, Alailima requested a writ of execution directing the seizure of the personal property of judgment debtor Alamai Corporation located at its commercial establishment in Leone, American Samoa.

Alailima pointed out that this application was made pursuant to Rule 69 High Court Civil Procedure. "Seizure to include but not limited to any and all of the following items: office equipment, furnishings, supplies and inventory, vehicles, cash, checks and other negotiable instruments."

According to the writ application filed by Alailima, Alamai Corporation has an outstanding judgment and has a principal judgment due as of the judgment date of January 24, 2014 with statutory post- judgment interest of 6%.

The application further says that there are no stays now in effect against the judgment and the judgment debtor is entitled to its full post-judgment remedies. Plaintiff further requested that all attorney fees, court costs and other fees and costs associated with the execution of the writ be awarded from seizure pursuant to the writ.

Calls to family associated with Alamai Corporation were not returned as of press time.

Alex Galea’i, son of the late Senator Fai’ivae Apelu Galea’i, was found dead in a motel in Suva, Fiji, in 2007. His death was later ruled a suicide by Fijian authorities, after a post-mortem examination was performed in Fiji. Samoa News understands Galea’i was in Fiji on business at the time.

IT Solutions, which had a branch in Tonga, was one of four businesses Galea’i established, including Alamai Samoa Corporation, Checkers (a fast food franchise) and the distributorship of Steinlager. The Checkers building was foreclosed on by one of the local banks several years ago, and is now owned by Manu’a’s — a local business entity.

Rate this article: 
No votes yet

Add new comment