Title 36, Civil Remedies And Defenses And Special Proceedings

PART I. ATTACHMENT §651-1 General provisions. (a) This chapter shall apply to circuit and district courts. A judge of any court of record may make any order at chambers which may by the provisions of this chapter be made by the court in term time. When the proceedings are before …

§651-10 Indemnity for police officer. If the police officer has any reasonable doubt as to the ownership of the property, or as to its liability to be taken on the writ, the police officer may require sufficient security to indemnify the police officer for attaching it. [L 1905, …

§651-11 Execution in order of receipt. When there are several attachments against the same defendant, they shall be executed in the order in which they are received by the police officer. [L 1905, c 84, §11; RL 1925, §2815; RL 1935, §4200; RL 1945, §10151; RL 1955, §233-11; HRS §…

§651-12 Examination of defendant; where no property known. Whenever it appears by the affidavit of the plaintiff or by the return of the attachment that no property is known to the plaintiff or officer on which the attachment can be executed, or not enough to satisfy the plaintif…

C. Personal Property §651-121 Certain personal property and insurance thereon, exempt. The following described personal property of an individual up to the value set forth shall be exempt from attachment and execution as follows:

§651-122 Personal property not exempt. No exemption for personal property authorized under section 651-121 shall apply to attachment or execution issued upon a judgment recovered for the price of such property, or upon a judgment of foreclosure of a security agreement or other se…

§651-123 Application of proceeds of sale. When the property thus taken is sold, which sale shall be subject to all prior liens and encumbrances, the proceeds of the sale thereof shall be applied in the following order of priority: first, to the defendant to the amount of the exem…

§651-124 Pension money exempt. The right of a debtor to a pension, annuity, retirement or disability allowance, death benefit, any optional benefit, or any other right accrued or accruing under any retirement plan or arrangement described in section 401(a), 401(k), 403(a), 403(b)…

§651-13 Attached property; sale of. If any of the property attached is perishable, or in danger of serious and immediate waste or decay, the police officer shall sell the same in the manner in which property is sold on execution. Whenever it is made to appear satisfactorily to th…

§651-14 Appointment of receiver. The court before which the action is pending, or the judge thereof, may at any time appoint a receiver whose pay shall be taken out of the fees of the police officer to take possession of property attached under this chapter, and to collect the re…

§651-15 Officer's return; how made. The police officer shall make out a full inventory of the property attached and return the same with the writ of attachment. The police officer shall return the writ with the summons if issued at the same time; otherwise, within such time after…

§651-16 Discharge of writ. If the defendant recovers judgment or if the plaintiff is nonsuited or if the action is discontinued or dismissed, all the proceeds of the same and money collected by the police officer, and all the property attached remaining in the police officer's ha…

§651-17 Discharge by bond of defendant. If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment, or, after the return thereof, by the clerk, to the effect that the d…

§651-18 Discharge of writ when improperly issued. The defendant may at any time after the defendant has appeared in the action, either before or after the release of the attached property, or before any attachment has been actually levied, apply on motion, upon reasonable notice …

§651-19 Recording discharge. Whenever an order has been made discharging or releasing an attachment upon real property, a certified copy of the order may be recorded in the office in which a copy of the writ has been recorded under section 651-9 and be indexed in like manner. All…

§651-2 Writ; issued when. The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, which is not exemp…

§651-20 Judgment satisfied out of attached property. If judgment is recovered by the plaintiff, the levying officer shall satisfy the same out of the property attached by the levying officer which has not been delivered to the defendant or claimant, as in this chapter provided, o…

§651-21 Deficiency. If, after selling all the property attached by the levying officer remaining in the levying officer's hands, and applying the proceeds, deducting the levying officer's fees, to the payment of the judgment, any balance remains due, the levying officer shall pro…

§651-3 Affidavit. The writ of attachment shall be issued by the clerk of the court in which the action is pending. Before any writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall make and file with the clerk an affidavit showing that the defe…

PART II. EXECUTION §651-31 Time of issuance. Execution and alias executions upon any judgment or decree of a court for the payment of money, may be issued at any time during the life of the judgment or decree. [CC 1859, §1031; am L 1919, c 42, §1; RL 1925, §2436; am L 1929, c 81,…

§651-32 Execution, district court; form. Every district judge at the request of the party recovering any civil judgment in the judge's court, unless the judgment is duly appealed from, shall issue the judge's execution against the property of the party recovered against, which ex…

§651-33 Bond for expenses on execution. Upon the petition of the sheriff, deputy sheriff, or police officer to whom an execution has been directed, showing that the levy and sale required by the execution will involve unusual expense to the officer and that the officer may be una…

§651-34 Time within which execution shall be returnable. All executions and alias executions issued by or from any court shall be made returnable within sixty days from the date thereof. [CC 1859, §1018; am L 1917, c 16, §1; RL 1925, §2438; RL 1935, §4137; RL 1945, §10164; RL 195…

§651-35 When property in circuit insufficient. If, upon an execution being issued by a district judge, no property, or not a sufficient amount of property, belonging to the defendant in execution, can be found within the jurisdiction of the judge issuing the execution, and the sa…

§651-36 Execution, courts of record; form. The forms of executions to be issued from courts of record shall be the same as have been established by the usage and practice of such courts; but alterations therein may, from time to time, be made or allowed by the supreme court, when…

§651-37 Address, signature. All writs of execution, whether civil or criminal, issuing from any court of record, shall be addressed to the sheriff, or deputy sheriff, or a police officer of any county, and shall be signed by the clerk of the court, and impressed with the seal the…

§651-38 Alias writs. Any circuit court, out of which an execution has been issued, if such execution has been returned unsatisfied wholly or in part, may issue an alias execution to the same circuit, or an execution leviable in some other circuit, for the satisfaction of the unpa…

§651-39 Available in all circuits. Any writ of execution or other writ issued for the purpose of carrying into effect any final order, judgment, or decree of any circuit court or circuit judge at chambers shall be available against the property of the person against whom the writ…

§651-4 Bond; amount and conditions. Before the writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall execute and file with the clerk a bond or undertaking with two or more sureties, in a sum at least double the amount for which the plaintiff d…

§651-40 Stay by judge; effect. Any judge of a court of record may, by order at chambers, in any cause in which an execution has been issued, grant a stay thereof in the officer's hands, for equitable reasons, when no appeal or writ of error is granted, upon the defendant giving b…

§651-41 Priority in levying. Every officer receiving a writ of execution issued in due form by any court or judge, shall note thereon the day and hour of its receipt, and the officer shall give priority in levying upon property of the defendant in execution, to the writs received…

§651-42 How levy made, inventory. Every levy by an officer, in pursuance of a writ of execution issued by any court or judge, shall be made by taking the property levied upon into the officer's possession, care, and guardianship, and at the officer's option, by removal of the sam…

§651-43 Advertisement for sale. The officer shall, after levy, advertise for sale the property levied upon, whether real or personal, for thirty days, or for such time as the court shall order, by posting a written or printed notice in three conspicuous places within the district…

§651-44 Sale; proceeds; return. The officer shall, on the day and at the place set for the public sale, unless paid the amount of the judgment, interest, and costs, and the officer's fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder.…

§651-45 Postponement of sale. If, at the time appointed for the sale, the officer deems it expedient, and for the interest of all persons concerned therein, to postpone the sale, for want of purchasers or for other sufficient cause, the officer may postpone it from time to time, …

§651-46 Deeds, etc. The officer shall execute and deliver, to any purchaser at any such sale, such certificate of purchase, or conveyance, as may be necessary. [CC 1859, §1026; RL 1925, §2450; RL 1935, §4149; RL 1945, §10176; RL 1955, §233-45; HRS §651-46]

§651-47 Levy on and execution sale of investment securities; garnishment the proper procedure when the security is subject to right of possession of third party. (a) A security or any share or other interest evidenced thereby which is outstanding and not in the possession of a th…

§651-48 Same, penalty. Any owner or holder of any certificate of stock which has been levied upon by virtue of an execution who sells or otherwise voluntarily disposes of the certificate of stock without consent of the judgment creditor, or order of the court, or who, upon demand…

§651-49 Only defendant's interest sold. No sale by execution shall operate to convey a greater estate or interest in the property sold, than the defendant in execution had at the time of sale; and all such sales of property not belonging to the defendant shall subject the officer…

§651-5 Additional security. [(a)] The defendant may at any time before judgment move the court for additional security on the part of the plaintiff, and if, on the motion, the court is satisfied that any surety on the plaintiff's bond has removed from the State, or that the suret…

§651-50 Liability for exceeding powers. The officer serving any execution shall act upon the officer's own private accountability, for all excesses of the officer's official powers, and for any departure from the legal import of the writ or mandate in the officer's hands. [CC 185…

§651-51 Indemnity bond. The sheriff, deputy sheriff, or police officer may decline to levy upon or sell the alleged property of any person against whose goods and effects an execution or other similar writ may issue, unless the party beneficially interested in the writ shall, upo…

§651-52 Indemnity, how collected. Bonds of indemnity given to an officer, as provided in section 651-51, shall be collectible by the officer receiving the same, upon citation to show cause and proof of the signatures thereto, without the intervention of a jury, and the damages to…

§651-6 Action on bond. In an action on the bond a plaintiff may recover, if the plaintiff shows that the attachment was wrongfully sued out, the actual damages sustained and reasonable attorney's fees, to be fixed by the court. If it is shown that the attachment was sued out mali…

PART III. EXEMPTIONS A. Generally §651-61 Exemption, how claimed. Where an officer is about to levy an attachment or execution on personal property, some of which is claimed as exempt, the officer shall demand of the defendant in writing that the defendant make selection of such …

§651-62 Indemnity bond if exemption claimed. If any officer levies or is about to levy an attachment or execution on any property claimed as exempt under subpart C, and a doubt arises as to the liability of the property to be seized or sold, the officer may demand of the plaintif…

§651-63 Liability for selling exempt property. If any officer or other person seizes or sells any property exempt from execution under subpart C, the officer or other person shall be liable to an action at the suit of the owner for all damages and costs sustained thereby, includi…

§651-64 Seizure of exempt property. [(a)] Any defendant who claims that exempt property has been levied upon or seized may, with or without the giving of bond, apply to the court which issued the process for the release and return of the property. Upon the giving of bond in such …

§651-68 Proceedings on execution; appraisers; expiration of lien, result. When an execution for the enforcement of a judgment is levied upon real or personal property for which an exemption is authorized under subpart B or C, the judgment creditor may at any time within sixty day…

§651-69 Application form contents. The application shall be made upon a verified petition of the judgment creditor filed with the court showing: