Chapter 653 — Chapter 653

§653-1 Government beneficiary defined. Any officer or employee, or other person in the service of the government of the State, or of any political or municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, or wages, from the State, or any department, bo…

§653-10 Superiors and successors of garnishee. The obligations and inhibitions imposed upon the garnishee shall be equally binding upon the garnishee's official superiors and successors, to whose notice the fact shall come, of the service upon the garnishee. [L 1890, c 50, §9; RL…

§653-11 Answer; amount sequestered. It shall not be incumbent upon the garnishee to appear in any court or file any answer to the process, but the trial of the action may proceed, in all respects, as though the garnishee had not been included in the action. But from the time of t…

§653-12 Certificate furnished garnishee. After trial or hearing of the action, either in the original or any appellate court, the party prevailing in the trial or hearing shall obtain from the court in or before which the trial or hearing was had, a certificate, which shall suffi…

§653-13 Effect of discontinuance, appeal, exceptions. In case of the withdrawal or discontinuance of the action, or of the rendition of judgment therein wholly favorable to the beneficiary, from or to which judgment no appeal or exceptions have been noted at the time when it was …

§653-14 Warrants issued to plaintiff, when. In case there is certified to the garnishee a judgment for the plaintiff, from or to which no appeal or exception, at the time of its rendition, has been noted, it shall be incumbent upon the garnishee to draw, sign, and deliver to the …

§653-15 Actions, precedence. In case of successive actions being brought against any beneficiary, in which any portion of the beneficiary's salary, stipend, or wages is sought to be sequestered, as provided herein, precedence shall be given by the garnishee to one whose process i…

§653-16 Same; priority of payments. The order of precedence established by section 653-15 shall not be disturbed by the fact of a later action being carried to final judgment sooner than the earlier in point of such service upon the garnishee, but in such case the garnishee shall…

§653-17 Warrants charged against beneficiary. All warrants drawn and delivered on account of any judgment, as hereinbefore provided, shall be noted and charged against the beneficiary in like manner as if they had been drawn and delivered to the beneficiary personally on account …

§653-2 Attachment of salary, etc. The salary, stipend, or wages of the beneficiary may be attached for, and applied in the payment of the beneficiary's debts, in the manner prescribed in this chapter. [L 1890, c 50, §2; am L 1921, c 66, §1; RL 1925, §2847; RL 1935, §4293; RL 1945…

§653-3 Exemptions; pensions. No pension to which any person is entitled from the State, or any municipal subdivision thereof, shall be subject to taxes nor to garnishment, attachment, or execution upon or in any suit, action, or proceeding at law instituted by any person or by th…

§653-4 Further exemption. The wages received by every person receiving less than $60 per month when paid from any unemployment work relief fund, the expenditure of which is under the control of any state commission, board, or other agency, or under the control of any county or an…

§653-5 Complaint. The creditor of such beneficiary may bring the creditor's action against the creditor's debtor, and in the creditor's complaint allege, to the best of the creditor's knowledge:

§653-6 Garnishee summons. (a) Any provision to the contrary notwithstanding, no garnishee summons shall be issued before judgment until the creditor upon motion and after hearing has proved to the satisfaction of the court any of the following allegations: If the ruling of the co…

§653-7 Service on garnishee. Service of the copy upon the garnishee may be made in any of the manners here described, namely:

§653-8 Effect of service. (a) In case of service upon the garnishee, the serving officer's certificate of service or, if by mail, a copy of the return receipt shall be prima facie proof of the service. (b) For purposes of this chapter, service is effective from the time when the …

§653-9 Service on beneficiary. Service of process upon the beneficiary may be made as has been usual or shall be provided in the case of civil actions in general. [L 1890, c 50, §7; RL 1925, §2852; RL 1935, §4298; RL 1945, §10329; RL 1955, §238-9; HRS §653-9]