reglab/housing_qa huggingface dataset:
HI Rev Stat § 651-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-6 Action on bond.

  §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 maliciously, the plaintiff may recover exemplary damages. No action shall be maintained on any bond until after final judgment in the action, unless the same is discontinued or dismissed. [L 1905, c 84, §6; am L 1909, c 60, §4; RL 1925, §2810; RL 1935, §4195; RL 1945, §10146; RL 1955, §233-6; HRS §651-6; gen ch 1985; am L 1986, c 291, §2] Case Notes  Not entitled to recovery on attachment bond where no damage accrued. 1 H. 51 (1851).  Action on bond, when maintainable. 14 H. 463 (1902).
HI Rev Stat § 651-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-7 Writ; how issued.

  §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 the demand of the plaintiff, with costs and expenses. [L 1905, c 84, §7; RL 1925, §2811; RL 1935, §4196; RL 1945, §10147; RL 1955, §233-7; HRS §651-7; gen ch 1985]
HI Rev Stat § 651-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-8 Amount levied on.

  §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 property to which the defendant's title is doubtful. The police officer, as nearly as the circumstances of the case will permit, shall levy upon property twenty per cent greater in value than the amount that the plaintiff in the plaintiff's affidavit claims to be due. When property is seized on attachment, the court may allow reasonable and just compensation to the officer having charge of the property for the officer's trouble and expenses in keeping the property. [L 1905, c 84, §8; RL 1925, §2812; RL 1935, §4197; RL 1945, §10148; RL 1955, §233-8; HRS §651-8; gen ch 1985; am L 2017, c 12, §68] Case Notes  Cited: 33 H. 364, 366 (1935).
HI Rev Stat § 651-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-9 Writ; how executed.

  §651-9 Writ; how executed. The police officer to whom the writ is directed and delivered shall execute the writ without delay as follows:  (1) Real property or any interest therein shall be attached by recording in the office in which conveyances of the real property attached is recorded, a copy of the writ of attachment, with the officer's certificate endorsed or affixed, that by virtue of the original writ of which such copy is a true copy, the officer has attached the real estate, or all of the interest of the defendant therein, describing the same with convenient certainty as the property of the defendant, naming the defendant, in such writ;  (2) Personal property, capable of manual delivery, shall be attached by taking the same into custody;  (3) A security or any share or any interest evidenced thereby shall be attached in the same manner as is provided for the levy of an execution thereon. [L 1905, c 84, §9; RL 1925, §2813; RL 1935, §4198; RL 1945, §10149; RL 1955, §233-9; am L 1966, c 18, §6 and c 33, §7; HRS §651-9; gen ch 1985] Revision Note  Pursuant to §23G-15, in:  (1) The prefatory language, comma deleted after "delivered"; and  (2) Paragraph (1), "indorsed" changed to "endorsed". Law Journals and Reviews  Attachment or Levy of a Security Under the Uniform Commercial Code. 4 HBJ, no. 3, at 16 (1966). Case Notes  Marshal had no power to enjoin persons not to pay over money to defendant. 1 H. 44 (1851).  Attachment complete when. 26 H. 342 (1922).  Attachment of motor vehicle registered with the city and county under the motor vehicle law. 38 H. 298 (1949).  Where levy of attachment not performed by police officer, attachment not properly levied and should not have been noted on transfer certificate of title to subject property. 81 H. 270, 916 P.2d 680 (1996).
HI Rev Stat § 651-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-10 Indemnity for police officer.

  §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, c 84, §10; RL 1925, §2814; RL 1935, §4199; RL 1945, §10150; RL 1955, §233-10; HRS §651-10; gen ch 1985]
HI Rev Stat § 651-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-11 Execution in order of receipt.

  §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 §651-11]
HI Rev Stat § 651-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-12 Examination of defendant; where no property known.

  §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 plaintiff's claim, the defendant may be required by the court or judge to attend before it or the judge, and give information on oath respecting the same. [L 1905, c 84, §12; RL 1925, §2816; RL 1935, §4201; RL 1945, §10152; RL 1955, §233-12; HRS §651-12; gen ch 1985] Case Notes  Plaintiffs not entitled to information regarding defendant's assets, where no attachment obtained and no return made or affidavit filed. 6 H. App. 118, 711 P.2d 1310 (1985).
HI Rev Stat § 651-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-13 Attached property; sale of.

  §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 the court or judge that the interest of the parties to the action will be subserved by a sale of any attached property, the court or judge may order the property to be sold in the same manner as like property sold under execution. The order shall be made only upon notice to the adverse party or the adverse party's attorney in case such party has been personally served with a summons in the action. [L 1905, c 84, §13; RL 1925, §2817; RL 1935, §4202; RL 1945, §10153; RL 1955, §233-13; HRS §651-13; gen ch 1985]
HI Rev Stat § 651-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-14 Appointment of receiver.

  §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 revenues thereof, manage, and control the same, and pay over the proceeds according to the nature of the property and the exigency of the case. [L 1905, c 84, §14; RL 1925, §2818; RL 1935, §4203; RL 1945, §10154; RL 1955, §233-14; HRS §651-14] Rules of Court  See HRCP rule 66. Case Notes  Compensation for services of receivers, rests in discretion of court. 8 H. 740 (1892).  Under court authorization, receiver can complete a construction project begun by a corporation before insolvency and the costs will be chargeable to the property specifically benefited. 57 H. 321, 555 P.2d 864 (1976).
HI Rev Stat § 651-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-15 Officer's return; how made.

  §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 its receipt as is allowed for a return of summons, with certificate of the police officer's proceedings endorsed thereon or attached thereto. [L 1905, c 84, §15; RL 1925, §2819; RL 1935, §4204; RL 1945, §10155; RL 1955, §233-15; HRS §651-15; gen ch 1985] Revision Note  "Indorsed" changed to "endorsed" pursuant to §23G-15. Rules of Court  See HRCP rule 4(g).
HI Rev Stat § 651-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-16 Discharge of writ.

  §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 hands, shall be delivered to the defendant, or the defendant's agent, and the order of attachment shall be discharged, and the property released therefrom. [L 1905, c 84, §16; RL 1925, §2820; RL 1935, §4205; RL 1945, §10156; RL 1955, §233-16; HRS §651-16; gen ch 1985] Case Notes  Cited in determining validity of mortgage made after attachment. 51 H. 164, 454 P.2d 116 (1969).
HI Rev Stat § 651-17 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-17 Discharge by bond of defendant.

  §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 defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of the property taken or the proceeds thereof. The execution of the bond shall be deemed an appearance of the defendant to the action. The bond shall be part of the record, and if judgment go against the defendant, the same shall be entered against the defendant and the sureties. [L 1905, c 84, §17; RL 1925, §2821; RL 1935, §4206; RL 1945, §10157; RL 1955, §233-17; HRS §651-17; gen ch 1985] Case Notes  Action on bond. 22 H. 540 (1915).  Cited in determining validity of mortgage made after attachment. 51 H. 164, 454 P.2d 116 (1969).
HI Rev Stat § 651-18 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-18 Discharge of writ when improperly issued.

  §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 to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged, on the ground that the same was improperly issued. If upon the application, it satisfactorily appears that the writ of attachment was improperly issued, it shall be discharged. [L 1905, c 84, §18; RL 1925, §2822; RL 1935, §4207; RL 1945, §10158; RL 1955, §233-18; HRS §651-18; gen ch 1985] Case Notes  Not sufficient ground for dissolving writ that property levied upon is exempt from seizure under writ. 25 H. 483, 491 (1920).  Order denying motion to vacate writ is not final and not appealable. 51 H. 242, 456 P.2d 222 (1969).  Challenge to issuance of writ of attachment improper collateral attack as challenge to sufficiency of attachment bond not jurisdictional. 81 H. 270, 916 P.2d 680 (1996).
HI Rev Stat § 651-19 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-19 Recording discharge.

  §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 expenses relating to the attachment shall be paid by the plaintiff. [L 1905, c 84, §19; RL 1925, §2823; RL 1935, §4208; RL 1945, §10159; RL 1955, §233-19; am L 1966, c 33, §8; HRS §651-19] Case Notes  Section not applicable where an order discharging or releasing an attachment upon real property has not been made. 3 H. App. 89, 641 P.2d 989 (1982).
HI Rev Stat § 651-20 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-20 Judgment satisfied out of attached property.

  §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, or subjected to execution on another judgment recovered before the issuing of the attachment, if it is sufficient for that purpose:  (1) By applying on the execution issued on the judgment the proceeds of all sales of perishable or other property sold by the levying officer, or so much as shall be necessary to satisfy the judgment; and  (2) If any balance remains due, the levying officer shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remains in the levying officer's hands. Notice of the sale shall be given and the sale conducted as in other cases of sales on execution. In all cases the personal property shall first be sold. [L 1905, c 84, §20; RL 1925, §2824; RL 1935, §4209; RL 1945, §10160; RL 1955, §233-20; HRS §651-20; gen ch 1985] Revision Note  In paragraph (1), "and" added after ending punctuation pursuant to §23G-15.
HI Rev Stat § 651-21 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-21 Deficiency.

  §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 proceed to collect the balance as upon an execution in other cases. Whenever the judgment has been paid, the levying officer, upon reasonable demand, shall deliver over to the defendant, the attached property remaining in the levying officer's hands, and any proceeds of the property attached unapplied on the judgment. [L 1905, c 84, §21; RL 1925, §2825; RL 1935, §4210; RL 1945, §10161; RL 1955, §233-21; HRS §651-21; gen ch 1985]
HI Rev Stat § 651-31 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-31 Time of issuance.

Rules of Court See HRCP rules 64, 69; DCRCP rules 64, 69.  §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, §1; RL 1935, §4135; RL 1945, §10162; RL 1955, §233-30; HRS §651-31; am L 1970, c 188, §39] Revision Note  The words "of record or a judge thereof, or any judgment of a district magistrate" following "court" have been deleted to give effect to L 1970, c 188. Case Notes  Execution on subsisting and valid foreign judgment. 128 F. Supp. 697, 706 (1955).  Issuance of second writ of execution. 18 H. 307 (1907).
HI Rev Stat § 651-32 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-32 Execution, district court; form.

  §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 execution may be in the form established by the usage and practice of the issuing court and may be directed to any police officer of the judicial circuit in which the district court is situated; provided the defendant or any of the defendants is a resident of the circuit. [CC 1859, §1016; RL 1925, §2437; RL 1935, §4136; RL 1945, §10163; RL 1955, §233-31; am L 1963, c 108, §4; HRS §651-32; am L 1970, c 188, § §39, 40; am L 1998, c 36, §2] Case Notes  Chose in action not subject to levy and sale upon execution. 26 H. 699 (1923).  Issuance of execution not necessary to perfect judgment lien. 28 H. 395, 397 (1925).
HI Rev Stat § 651-32.1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-32.1 REPEALED.

  §651-32.1 REPEALED. L 1973, c 86, §1.
HI Rev Stat § 651-33 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-33 Bond for expenses on execution.

  §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 unable to collect such expense from the proceeds of the sale or from the defendant, the judge of the court issuing the execution may upon a hearing of the petition direct the person beneficially interested in the execution to tender to the officer a cash or surety bond in an amount determined as proper by the judge, conditioned that, if the levying officer is unable to collect the levying officer's reasonable charges and expenses from the proceeds of the property levied upon or from the defendant, the person beneficially interested in the execution will pay the same. The petition shall be heard upon citation and order to show cause duly served upon the interested person. In the event the order is not complied with, such officer may decline to levy upon or sell the property of any person against whose property the execution has been issued. [L 1945, c 132, §1; RL 1955, §233-32; am L 1963, c 85, §3; HRS §651-33; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
HI Rev Stat § 651-34 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-34 Time within which execution shall be returnable.

  §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 1955, §233-33; HRS §651-34; am L 1970, c 188, §39] Case Notes  A writ of execution cannot properly be levied after the return day; once the return day of an execution passes, it becomes functus officio and confers no authority on the officer to whom it is directed; correlatively, a levy accomplished after the return day is invalid and a sale based thereon is void. 102 H. 518, 78 P.3d 331 (2003).
HI Rev Stat § 651-35 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-35 When property in circuit insufficient.

  §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 same is returned unsatisfied, either wholly or in part, the plaintiff in execution may, upon procuring a certified copy of the judgment and execution in the court below, to be docketed in the office of the clerk of the supreme court, sue out a writ of execution from the supreme court, which shall be available against the property of the defendant, wherever situated within the State. [CC 1859, §1029; RL 1925, §2439; RL 1935, §4138; RL 1945, §10165; RL 1955, §233-34; HRS §651-35; am L 1970, c 188, § §39, 40] Case Notes  Must be strictly followed in order to sustain execution and sale of real property thereunder; showing that no personal property could be found, not sufficient. 13 H. 302, 306 (1901).  See 4 H. 165 (1879); 9 H. 27 (1893).
HI Rev Stat § 651-36 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-36 Execution, courts of record; form.

  §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 necessary to adapt them to changes in the law, or for other sufficient reasons. [CC 1859, §1019; RL 1925, §2440; RL 1935, §4139; RL 1945, §10166; RL 1955, §233-35; HRS §651-36]
HI Rev Stat § 651-37 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-37 Address, signature.

  §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 thereof. [CC 1859, §1020; RL 1925, §2441; RL 1935, §4140; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10167; RL 1955, §233-36; am L 1963, c 85, §3; HRS §651-37; am L 1989, c 211, §10; am L 1990, c 281, §11]
HI Rev Stat § 651-38 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-38 Alias writs.

  §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 unpaid remainder of the judgment and additional costs, expenses, and commissions, which alias or testatum writ of execution shall be served in like manner as the original. [CC 1859, §1030; RL 1925, §2442; RL 1935, §4141; RL 1945, §10168; RL 1955, §233-37; HRS §651-38] Case Notes  Alias execution allowed when original execution issued by mistake for too small an amount. 10 H. 348 (1896).  Alias execution issued after dismissal of appeal may be good even if original bad. 15 H. 486 (1904).