Title 36, Civil Remedies And Defenses And Special Proceedings

§651-7 Writ; how issued. The writ of attachment shall be issued by the clerk with the approval of the court and directed to any police officer, and shall require the police officer to attach and safely keep so much of the property of the defendant as will be sufficient to satisfy…

[§651-70] Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers. [(a)] Within ninety days from the date of filing the petition, a copy thereof, with the notice of the time and place of hearing, shall be served personally by any person o…

§651-8 Amount levied on. The police officer shall attach a sufficient amount of the property of the defendant if a sufficient amount of property not exempt from execution can be found, giving preference to property to which the defendant has an unquestionable title over any prope…

§651-9 Writ; how executed. The police officer to whom the writ is directed and delivered shall execute the writ without delay as follows:

B. Real Property §651-91 Definitions. As used in this subpart: "Head of a family" includes within its meaning: "Long-term lease" means a lease for twenty years or more. "Owner" means an individual who has an interest in real property. "Person" means any individual under sixty-fiv…

§651-92 Real property exempt. (a) Real property shall be exempt from attachment or execution as follows: The fair market value of the interest exempted in paragraph (1) or (2) shall be determined by appraisal and shall be an interest which is over and above all liens and encumbra…

[§651-93] Effect of separation, divorce, reconciliation. Following the entry of a decree of separate maintenance or an interlocutory decree of divorce, each spouse may claim a separate real property exemption under this part as a person. A subsequent reconciliation of the spouses…

§651-94 Proceedings where real property can be divided without material injury. [(a)] If the defendant is entitled to an exemption as provided in section 651-92, and from the appraiser's report, it appears to the judge that the real property claimed can be divided without materia…

§651-95 Sale where real property cannot be divided; application of proceeds. [(a)] If the defendant is entitled to an exemption as provided in section 651-92, and if, from the appraiser's report, it appears to the court that the real property claimed exceeds in value the amount o…

§651-96 After sale, money equal to real property exemption protected. The money paid to the defendant as the defendant's exemption shall be entitled, for the period of six months thereafter, to the same protection against attachment and execution which section 651-92 gives to the…

[§651C-1] Definitions. As used in this chapter, unless the context otherwise requires: "Affiliate" means: "Asset" means property of a debtor but does not include: "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, c…

[§651C-10] Supplement of provisions. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or…

[§651C-2] Insolvency. (a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation. (b) A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent. (c) A partnership is insolve…

[§651C-3] Value. (a) Value is given for a transfer or an obligation if in exchange for the transfer or obligation property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of…

[§651C-4] Transfers fraudulent as to present and future creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made th…

[§651C-5] Transfers fraudulent as to present creditors. (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation w…

[§651C-6] When transfer is made or obligation is incurred. For the purposes of this chapter:

[§651C-7] Remedies of creditors. (a) In any action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations provided in section 651C-8, may obtain: (b) If a creditor has obtained a judgment on a claim against the debtor, the creditor …

[§651C-8] Defenses, liability, and protection of transferee. (a) A transfer or obligation is not voidable under section 651C-4(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherw…

[§651C-9] Extinguishment of cause of action. A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:

§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…

§652-15 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…

§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…