reglab/housing_qa huggingface dataset:
HI Rev Stat § 651C-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-8 Defenses, liability, and protection of transferee.

  §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 otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 651C-7(a)(1), the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:  (1) The first transferee of the asset or the person for whose benefit the transfer was made; or  (2) Any subsequent transferee other than a good-faith transferee who took for value or from any subsequent transferee.  (c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.  (d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:  (1) A lien on or a right to retain any interest in the asset transferred;  (2) Enforcement of any obligation incurred; or  (3) A reduction in the amount of the liability on the judgment.  (e) A transfer is not voidable under section 651C-4(a)(2) or section 651C-5 if the transfer results from:  (1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or  (2) Enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code.  (f) A transfer is not voidable under section 651C-5(b):  (1) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;  (2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or  (3) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor. [L 1985, c 216, pt of §1] Case Notes  Fraudulent transfers, discussed. 916 F.2d 528 (1990).  Petitioners were entitled to a variety of means ( § §651C-7 and 651C-10 and this section) to secure a full recovery of their losses from respondent and/or the asset fraudulently transferred to respondent, but only once, not twice; moreover, nothing in this chapter requires petitioners to elect one remedy over another. This chapter does not, however, allow petitioners recovery of both the asset transferred (regardless of its value) and, in addition, a judgment in the full amount of their damages. 130 H. 58 (App.), 305 P.3d 474 (2013).
HI Rev Stat § 651C-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-9 Extinguishment of cause of action.

  §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:  (1) Under section 651C-4(a)(1), within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;  (2) Under section 651C-4(a)(2) or section 651C-5(a), within four years after the transfer was made or the obligation was incurred; or  (3) Under section 651C-5(b), within one year after the transfer was made or the obligation was incurred. [L 1985, c 216, pt of §1] Case Notes  Section barred fraudulent conveyance claim by U.S. upon expiration of prescribed time period. 780 F. Supp. 705 (1992).  Petitioners' argument that the statute of limitations began to run when the judgment in the underlying action was filed was incorrect. 131 H. 497, 319 P.3d 416 (2014).  The one year limitations period under paragraph (1) that begins on the date a transfer "was or could reasonably have been discovered by the claimant" commences when a plaintiff discovers or could reasonably have discovered a transfer's fraudulent nature. 131 H. 497, 319 P.3d 416 (2014).
HI Rev Stat § 651C-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651C. Uniform Fraudulent Transfer Act|651C-10 Supplement of provisions.

  §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 other validating or invalidating cause, supplement its provisions. [L 1985, c 216, pt of §1] Case Notes  Petitioners were entitled to a variety of means ( § §651C-7 and 651C-8 and this section) to secure a full recovery of their losses from respondent and/or the asset fraudulently transferred to respondent, but only once, not twice; moreover, nothing in this chapter requires petitioners to elect one remedy over another. This chapter does not, however, allow petitioners recovery of both the asset transferred (regardless of its value) and, in addition, a judgment in the full amount of their damages. 130 H. 58 (App.), 305 P.3d 474 (2013).
HI Rev Stat § 652-2.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-2.5 Service on garnishee.

  §652-2.5 Service on garnishee. Service of the copy upon the garnishee may be made in any of the manners here described, namely:  (1) If the garnishee lives or has an office in the district in which process is issued, by the sheriff, deputy sheriff, police officer, or independent civil process server from the department of public safety's list under section 353C-11 handing a copy to the garnishee in person or leaving it in the garnishee's office in charge of some deputy or clerk or other employees or attache of the office; or  (2) If the garnishee lives in a district other than that in which the process was issued, by the sheriff, deputy sheriff, police officer, or independent civil process server handing a copy to the garnishee in person, or by mailing it in a sealed envelope, registered or certified, postage prepaid, return receipt requested, and addressed to the garnishee's last known home or business address. [L 1992, c 82, pt of §1; am L 2013, c 116, § §15, 25(14); am L 2015, c 101, §4; am L 2021, c 41, §15] Note  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
HI Rev Stat § 652-2.6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-2.6 Effect of service.

  §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 public safety's list under section 353C-11 shall be prima facie proof of the service.  (b) For purposes of this chapter, service is effective from the time when the summons is handed to or left in the office of the garnishee, or reaches the garnishee or the garnishee's office by mail. [L 1992, c 82, pt of §1; am L 2013, c 116, § §16, 25(15); am L 2015, c 101, §4; am L 2021, c 41, §16] Note  The repeal and reenactment note at subsection (a) in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
HI Rev Stat § 652-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-3 Amount withheld.

  §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 garnishee not to withhold more than a portion of the wages of the defendant to be determined as provided for in the third paragraph of subsection (a) of section 652-1. The garnishee shall continue such withholding from the wages of the defendant until the action against the defendant has been finally determined and the final judgment obtained against the defendant, if any, has been fully paid with legal interest thereon. However, no more of the wages shall be withheld from the defendant in advance of final judgment than shall be sufficient to meet the demand of the plaintiff, together with cost and legal interest. [L 1907, c 99, §1; am L 1921, c 66, §1; RL 1925, §2828; am L 1925, c 262, §3; am L 1927, c 96, §3; am L 1933, c 172, §1; RL 1935, §4272; am L 1939, c 212, §2; RL 1945, §10303; RL 1955, §237-3; am L 1959, c 65, §3; HRS §652-3; gen ch 1985] Case Notes  Adjustment of set-off to period before and after judgment. 19 H. 83 (1908).
HI Rev Stat § 652-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-4 Satisfying judgment.

  §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 not drawn against in pursuance of the action if the judgment equals or exceeds such sums. If the amount sequestered and not drawn against does not suffice to extinguish the judgment, then such sequestration and delivery to the plaintiff by the garnishee of a sum equal to the percentage of wages required to be withheld by section 652-1 shall continue from week to week, or from month to month, until the judgment, with legal interest thereon, is fully paid, or until the defendant quits the service of and dissolves the defendant's relation to the garnishee upon which sequestration is founded. [L 1907, c 99, §2; am L 1921, c 66, §1; RL 1925, §2829; am L 1927, c 96, §4; am L 1933, c 172, §1; RL 1935, §4273; RL 1945, §10304; RL 1955, §237-4; HRS §652-4; gen ch 1985]
HI Rev Stat § 652-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-5 Successive sequestration of wages, upon change of employment.

  §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 person, or of the State, or any political subdivision thereof, then the judgment creditor may sequester any wages due the judgment debtor from the new employer by filing with such person, or the respective government comptroller or other officer a certified copy of the judgment and an affidavit of the judgment creditor, showing the amount remaining due and unpaid on account of the judgment.  Thereafter, the new garnishee shall proceed to pay the same percentages of wages as required in an original garnishment, on the balance of the judgment, from week to week or month to month, until the balance due, with legal interest, is fully paid; or until such employment of the judgment debtor ceases. [L 1915, c 64, §1; am L 1919, c 161, §1; am imp L 1921, c 66, §1 and am c 202, §1; RL 1925, §2830; am L 1927, c 96, §5; am L 1933, c 172, §1; RL 1935, §4274; RL 1945, §10305; RL 1955, §237-5; am L Sp 1959 2d, c 1, §12; HRS §652-5] Case Notes  A garnishment under this section has equal legal standing with an original garnishee summons; priority being determined according to time of receipt by garnishee. 50 H. 223, 437 P.2d 95 (1968).
HI Rev Stat § 652-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-6 Same.

  §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 161, §2; am L 1921, c 66, §1; RL 1925, §2831; am L 1927, c 96, §6; am L 1933, c 171, §3; RL 1935, §4275; RL 1945, §10306; RL 1955, §237-6; HRS §652-6]
HI Rev Stat § 652-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-7 Successive actions; procedure.

  §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 more such processes are served simultaneously, they shall be entitled to precedence in the order of the priority of their issue from the courts from which they were issued. This order of precedence shall not be disturbed by the fact of a later action being carried to final judgment sooner than the action earlier in time of service upon the garnishee, but in such case the garnishee shall pay or cause to be paid on account of the earlier judgment, only such sums as shall be payable upon the judgment from the amounts which shall thereafter become due and payable to the judgment debtor. All amounts withheld on account of the earlier action shall be held to await the final result thereof, when, if final judgment is entered against the defendant, the amount withheld shall be applied in payment of the judgment. In case such amounts are not sufficient to satisfy the judgment, then all judgments obtained in later actions shall be again postponed to that in the earlier action until it is satisfied. [L 1907, c 99, §3; RL 1925, §2832; RL 1935, §4276; RL 1945, §10307; RL 1955, §237-7; HRS §652-7]
HI Rev Stat § 652-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-8 Execution, when.

  §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 garnishee's hands, and their nature and value, or whether a debt is due from the garnishee to the defendant debtor and its amount, or whether the garnishee has any moneys of the defendant debtor in the garnishee's possession for safekeeping, and the amount thereof, the case shall proceed to trial. If the plaintiff recovers a judgment, execution shall issue at the plaintiff's request, against the estate of the contumacious garnishee for the amount of judgment as the garnishee's own proper debt, and the lawful costs; provided that if it appears that the goods and effects are of less value, the debt of less amount and the moneys in safekeeping of less amount than the judgment recovered against the defendant debtor, judgment shall be rendered against the garnishee to the value of the goods or the amount of the debt or the amount of the moneys in safekeeping, and if it appears that the garnishee has no goods or effects of the defendant debtor in the garnishee's hands, or is not indebted to the defendant debtor, or has no moneys in the garnishee's possession for safekeeping, then the garnishee shall recover the garnishee's lawful costs. However, if the garnishee appears and on oath discloses fully whether the garnishee has in the garnishee's hands the goods or effects of the defendant debtor, or is indebted to the defendant debtor or has in the garnishee's possession moneys of the defendant debtor for safekeeping, and it appears to the court that the garnishee has no goods or effects of the defendant debtor, or is not so indebted, or has no moneys of the defendant debtor for safekeeping, then judgment shall be given for the garnishee, and the garnishee shall recover the garnishee's lawful costs. [L 1876, c 35, §3; RL 1925, §2833; am L 1925, c 262, §4; RL 1935, §4277; RL 1945, §10308; RL 1955, §237-8; am L 1959, c 65, §4; HRS §652-8; am L 2016, c 55, §33] Case Notes  One who is served with garnishee process, fails to appear to discharge oneself acts at one's peril. 7 H. 72 (1887).  Garnishee is not required to make written answer and may appear at trial or any time before trial. 15 H. 645, 646 (1904).  Garnishee entitled to notice of subsequent proceeding affecting garnishee's rights. 22 H. 723, 729 (1915).  Status not affected by failure to tender fees and expenses. 22 H. 723, 727 (1915).  After entry of judgment, plaintiff cannot require garnishee to appear and be examined as to written disclosures filed prior to trial. 27 H. 749 (1924).  Cited: 131 F. Supp. 866, 870 (1955); 14 H. 295, 299 (1902); 19 H. 83, 87 (1908); 22 H. 321, 326 (1914).
HI Rev Stat § 652-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-9 Garnishee may be heard on notice to plaintiff.

  §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 notice to be given to the plaintiff in the action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons. If it appears that there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands, any time after the summons is served the garnishee may be permitted upon order of the judge to pay into the court any moneys held for safekeeping, debts, goods, or effects in the garnishee's hands, less any reasonable costs and attorney's fees allowed by the judge and the garnishee will thereupon be discharged. With or without payment into court, any garnishee may, where there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands of any amount, make application for an interpleader order and the judge shall thereupon make all orders as appear to be just and reasonable. [L 1876, c 35, §11; RL 1925, §2839; am L 1933, c 106, §1; RL 1935, §4278; RL 1945, §10309; RL 1955, §237-9; am L 1959, c 65, §5; HRS §652-9; am L 1970, c 188, §39; am L 1980, c 232, §33; gen ch 1985] Cross References  Deposit in court, see chapter 655. Rules of Court  Deposit in court, see HRCP rule 67.  Interpleader, see HRCP rule 22. Case Notes  This section must be printed on every summons issuing out of any court as required by §652-11. 5 H. 664 (1886).  Garnishee could not be held as to debts accruing after hearing. 14 H. 295, 299 (1902).  Where prior to entry of judgment against garnishee, defendant in action is adjudged a bankrupt, judgment against garnishee is void as to trustee in bankruptcy. 33 H. 337 (1935).  Garnishee may resort to interpleader to adjudicate conflicting claims to fund in garnishee's hands. 33 H. 557 (1935).  Doctrine of judicial estoppel applied to garnishee's right of appeal. 42 H. 324, 330 (1958).  Payment into court not the only method of stopping interest on debt. 48 H. 349, 402 P.2d 683 (1965).  Cited: 14 H. 295, 299 (1902); 15 H. 645, 646 (1904); 48 H. 68, 72, 395 P.2d 691 (1964).
HI Rev Stat § 652-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-10 Debts payable in future.

  §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 constitute a lien upon the debt until and at the time it becomes due and payable. [L 1876, c 35, §12; RL 1925, §2840; RL 1935, §4279; RL 1945, §10310; RL 1955, §237-10; HRS §652-10] Case Notes  Section held inapplicable under the circumstances. 10 H. 499, 504 (1896).  Cited: 48 H. 68, 76, 395 P.2d 691 (1964).
HI Rev Stat § 652-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-11 Section 652-9 to appear on summons.

  §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 35, §14; RL 1925, §2841; RL 1935, §4280; RL 1945, §10311; RL 1955, §237-11; HRS §652-11]
HI Rev Stat § 652-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-12 Payment by garnishee, effect.

  §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 garnishee as against the judgment debtor to the amount paid or levied, although such proceeding may be set aside or the judgment may be reversed. [L 1876, c 35, §9; RL 1925, §2842; RL 1935, §4281; RL 1945, §10312; RL 1955, §237-12; HRS §652-12; gen ch 1985] Case Notes  Cited: 48 H. 349, 365, 402 P.2d 683 (1965).
HI Rev Stat § 652-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-13 REPEALED.

  §652-13 REPEALED. L 2001, c 5, §1.
HI Rev Stat § 652-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-14 REPEALED.

  §652-14 REPEALED. L 2006, c 50, §1.
HI Rev Stat § 652-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|652. Garnishment|652-15 Law applicable to all courts.

  §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] Case Notes  "Common law courts" are those in contradistinction to courts of equity; district court has jurisdiction in proper cases. 19 H. 625 (1909). See also 22 H. 229 (1914).