Chapter 652 — Chapter 652

§652-1 Garnishee process; "garnishee fund". (a) Before judgment. When any goods or effects of a debtor are in the possession of an attorney, agent, factor, or trustee (in this chapter jointly and severally included in the term "garnishee"), or when any debt is due from any person…

§652-1.5 Prejudgment garnishment; procedures. (a) Except as provided in subsection (e), any creditor desiring to secure a garnishment process before judgment shall attach the creditor's petition for process, summons, and direction to the following documents: (b) The clerk upon re…

§652-10 Debts payable in future. If upon disclosure made on oath by the debtor it appears that the garnishee is indebted to the defendant, but that the debt is not payable and will not become due until some future time, then such judgment as the plaintiff may recover shall consti…

§652-11 Section 652-9 to appear on summons. Section 652-9 shall be printed or written conspicuously on every summons issuing out of any court of the State which is intended to be served on any alleged attorney, factor, trustee, or debtor of a defendant in any action. [L 1876, c 3…

§652-12 Payment by garnishee, effect. The taking of any goods or effects of any debtor, or the payment of any debt due the debtor as aforesaid, or payment made by, or execution levied upon the garnishee upon any such proceeding as aforesaid, shall be a valid discharge to the garn…

§652-13 REPEALED. L 2001, c 5, §1.

§652-14 REPEALED. L 2006, c 50, §1.

§652-15 Law applicable to all courts. This chapter and the powers conferred therein shall extend to all the common-law courts of the State, according to their jurisdiction. [L 1876, c 35, §13; RL 1925, §2844; RL 1935, §4283; RL 1945, §10315; RL 1955, §237-15; HRS §652-15]

§652-2 Garnishee, rights, duties; collection by sheriff, deputy sheriff, police officer, or independent civil process server. (a) The garnishee, when summoned before judgment rendered against the garnishee's principal, if the garnishee desires, shall be admitted to defend the gar…

§652-2.5 Service on garnishee. Service of the copy upon the garnishee may be made in any of the manners here described, namely:

§652-2.6 Effect of service. (a) In case of service upon the garnishee, the certificate of service or, if by mail, a copy of the return receipt provided by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's lis…

§652-3 Amount withheld. For the purposes of garnishment, if it appears in any cause wherein service has been made as provided by law, whether before or after judgment, upon any garnishee from whom the defendant is in receipt of any wages, the court shall order and direct the garn…

§652-4 Satisfying judgment. In case there is certified to any garnishee a judgment for the plaintiff, from or to which no appeal or execution at the time of its rendition, has been noted the garnishee shall pay to the plaintiff such sums as theretofore have been sequestered and n…

§652-5 Successive sequestration of wages, upon change of employment. Whenever any judgment debtor has left the employ of any garnishee, against whom an order has been duly issued, before the full amount of the judgment has been paid, and has entered the employment of some other p…

§652-6 Same. Section 652-5 shall extend to successive persons and to the State or any political or municipal subdivision thereof, other than the original garnishee, employing the judgment debtor, until the judgment debt has been fully discharged. [L 1915, c 64, §2; am L 1919, c 1…

§652-7 Successive actions; procedure. In case of successive actions being brought wherein the same garnishee and the same defendant are named, precedence shall be given by the garnishee to the demand made in the action wherein service is first made on the garnishee, and if two or…

§652-8 Execution, when. If the garnishee fails to appear upon the day and hour of hearing named in the summons or writ above mentioned, or if having appeared, the garnishee refuses to disclose upon oath whether the garnishee has goods or effects of the defendant debtor in the gar…

§652-9 Garnishee may be heard on notice to plaintiff. Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the court from which the summons may have issued, and the judge having caused reasonable notic…