reglab/housing_qa huggingface dataset:
HI Rev Stat § 651-39 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-39 Available in all circuits.

  §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 shall issue in whatever circuit the property is situated and the writ shall be as effective for all purposes in each of the circuits as in the circuit where it is issued. [L 1905, c 10, §1; RL 1925, §2443; RL 1935, §4142; RL 1945, §10169; RL 1955, §233-38; HRS §651-39] Case Notes  Aircraft subject to execution, where judgment creditor had no actual knowledge that judgment debtor had sold aircraft, and buyer did not register title. 6 H. App. 25, 709 P.2d 613 (1985).
HI Rev Stat § 651-40 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-40 Stay by judge; effect.

  §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 bond and security for its payment with costs up to the stay. The property levied upon shall not be released from the levy by the stay of execution, and in case at the end of the time accorded the condition of the bond be not complied with, the plaintiff in execution may elect whether to proceed to the sale of the levied property, or to enforce the bond; provided that if the levied property is not sufficient to pay the judgment, with all costs, expenses, and commissions, the stay inclusive, the sureties in the bond shall be answerable for the deficiency. And when justice may require the renewal of any execution, or an extension of the time for making return to any execution, any judge of a court of record shall have power so to order. [CC 1859, §1033; RL 1925, §2444; RL 1935, §4143; RL 1945, §10170; RL 1955, §233-39; HRS §651-40] Rules of Court  As to powers at chambers, see HRCP rule 77(b).
HI Rev Stat § 651-41 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-41 Priority in levying.

  §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 by the officer according to the order of time in which they are received. [CC 1859, §1021; RL 1925, §2445; RL 1935, §4144; RL 1945, §10171; RL 1955, §233-40; HRS §651-41; gen ch 1985] Case Notes  Levy makes judgment a lien. 4 H. 165 (1879).  A subsequently served garnishee process had priority over defective execution levied by marshal first. 6 H. 153 (1875).  Execution must be postponed to lien of prior attachment. 6 H. 564 (1885).  Cited: 3 U.S.D.C. Haw. 176, 179 (1907).
HI Rev Stat § 651-42 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-42 How levy made, inventory.

  §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 same to some place of security. The officer shall make an inventory of the property levied upon. [CC 1859, §1022; RL 1925, §2446; RL 1935, §4145; RL 1945, §10172; RL 1955, §233-41; HRS §651-42; gen ch 1985] Case Notes  Marshal read execution to defendant but did not take any property into custody or make an inventory, held no levy. 6 H. 153 (1875).  Judgment cannot be levied upon. 16 H. 106 (1904).  Notice of money award not proper subject for garnishment. 16 H. 106 (1904).  Valid levy on growing crops. 21 H. 745 (1913).  Sale of leasehold interest in pond. 22 H. 665 (1915).  Chose in action not subject to levy and sale upon execution. 26 H. 699 (1923).
HI Rev Stat § 651-43 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-43 Advertisement for sale.

  §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 where the property is situated, and if on the island of Oahu, by advertisement thereof at least three times in one or more newspapers published in Honolulu. [CC 1859, §1023; am L 1886, c 58, §1; RL 1925, §2447; RL 1935, §4146; RL 1945, §10173; RL 1955, §233-42; HRS §651-43] Case Notes  Effect of sale upon defective notice. 20 H. 678 (1911).
HI Rev Stat § 651-44 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-44 Sale; proceeds; return.

  §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. The officer shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and the officer's costs, expenses, and commissions, and return the writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL 1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985] Case Notes  Junior encumbrancer may question adequacy of price bid only if adequate bid would have left surplus after satisfying senior encumbrances. 51 H. 164, 454 P.2d 116 (1969).
HI Rev Stat § 651-45 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-45 Postponement of sale.

  §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, until the sale is completed; giving notice of every such adjournment, by a public declaration thereof, at the time and place previously appointed for the sale. [CC 1859, §1025; am L 1905, c 16, §1; RL 1925, §2449; RL 1935, §4148; RL 1945, §10175; RL 1955, §233-44; HRS §651-45; gen ch 1985]
HI Rev Stat § 651-46 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-46 Deeds, etc.

  §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] Case Notes  If invalid levy, no title passes to purchaser. 21 H. 745 (1913).  Mortgage made by debtor after attachment being void, conveyance free of such mortgage did not convey a greater interest than the debtor had at time of sale. 51 H. 164, 454 P.2d 116 (1969).  Cited: 16 H. 106, 110 (1904).
HI Rev Stat § 651-47 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|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.

  §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 third party who has a security interest, lien, or right of retention therein which entitled the third party to possession shall be levied upon under a writ of execution by being actually seized by the officer executing the writ.  At any time after the issuance of the writ, upon application of the judgment creditor or the officer executing the writ and upon due notice to the defendant or other person having possession of the security without being entitled thereto under a security interest, lien, or right of retention, the court or judge may summarily direct the defendant or such other person so having possession of the security to produce the same and deliver it to the officer.  In the case of a levy for execution, the security levied upon shall be advertised for sale and sold in the manner provided in section 651-43. After the sale the levying officer shall deliver to the purchaser the security endorsed or assigned by the levying officer as the agent of the judgment debtor, which delivery and endorsement or assignment shall entitle the purchaser to all the right, title, and interest of the judgment debtor in the security and to registration of the transfer as provided in chapter 490, the Uniform Commercial Code, article 8. This subsection shall apply to any security which is either within the State or which is in the possession of an owner or other person subject to the jurisdiction of this State.  (b) A security or any share or other interest evidenced thereby which is outstanding and in the possession of a person who is entitled to such possession under a security interest or lien or other right of retention therein shall be reached by garnishment as provided in chapter 652. [L 1927, c 269, pt of §1; RL 1935, §4150; am L 1939, c 76, §1; RL 1945, §10177; RL 1955, §233-46; am L 1966, c 18, §7; HRS §651-47; gen ch 1985] Law Journals and Reviews  Attachment or Levy of a Security Under the Uniform Commercial Code. 4 HBJ, no. 3, at 16 (1966).
HI Rev Stat § 651-48 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-48 Same, penalty.

  §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 of the levying officer, refuses to surrender the certificate of stock, except to assert or maintain the owner's or holder's rights as a pledgee, shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1927, c 269, pt of §1; RL 1935, §4151; RL 1945, §10178; RL 1955, §233-47; HRS §651-48; gen ch 1985]
HI Rev Stat § 651-49 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-49 Only defendant's interest sold.

  §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 to the private action of the purchaser, being afterwards deprived thereof by the real owner. [CC 1859, §1027; RL 1925, §2451; RL 1935, §4152; RL 1945, §10179; RL 1955, §233-48; HRS §651-49] Case Notes  Liability of plaintiff in execution when sheriff sells more than the defendant's share. 2 H. 178 (1859).  Sheriff's deed conveys only interest of judgment debtor at time of sale. 9 H. 27 (1893); 29 H. 364 (1926).  This section is in pari materia with §634-29, and a mortgage made subsequent to attachment is void as against attaching creditor. 51 H. 164, 454 P.2d 116 (1969).
HI Rev Stat § 651-50 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-50 Liability for exceeding powers.

  §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 1859, §1028; RL 1925, §2452; RL 1935, §4153; RL 1945, §10180; RL 1955, §233-49; HRS §651-50; gen ch 1985]
HI Rev Stat § 651-51 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-51 Indemnity bond.

  §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, upon request, tender to the officer a sufficient bond of indemnity against all costs and expenses which the officer may sustain in consequence of seizure or sale of the property, and the claims of third parties. [L 1888, c 8, §18; am L 1907, c 12, §1; RL 1925, §2453; RL 1935, §4154; RL 1945, §10181; RL 1955, §233-50; am L 1963, c 85, §3; HRS §651-51; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Case Notes  Bonds, sureties. 30 H. 658, 663 (1928).
HI Rev Stat § 651-52 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-52 Indemnity, how collected.

  §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 be assessed thereon shall be the amount recovered against the officer, with interest and costs of suit, and the expenses of the citation and judgment of indemnity, for which execution may be issued against the co-obligors, both jointly and severally, leviable as in other cases of indebtedness. [CC 1859, §1034; RL 1925, §2454; RL 1935, §4155; RL 1945, §10182; RL 1955, §233-51; HRS §651-52]
HI Rev Stat § 651-61 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-61 Exemption, how claimed.

Note Sections 651-61 to 651-64 designated as Subpart A by L 1976, c 137, §6. Rules of Court  See HRCP rules 64, 69; DCRCP rules 64, 69.   §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 property as is exempt to the defendant and in reference to which the defendant has the right of selection and the defendant shall then and there make the defendant's selection; or, failing so to do, the officer shall make it for the defendant, and any selection so made shall be conclusive on the defendant. [L 1901, c 9, §11; RL 1925, §2455; RL 1935, §4156; RL 1945, §10183; RL 1955, §233-60; HRS §651-61; am L 1978, c 46, §1; gen ch 1985] Case Notes  Not necessary for execution or attachment defendant to make claim of exemption for property specifically exempt. 23 H. 584 (1917).
HI Rev Stat § 651-62 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-62 Indemnity bond if exemption claimed.

  §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 plaintiff a bond with sufficient sureties, payable to the officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages, costs, and expenses which the officer may sustain in consequence of the seizure or sale of the property. If the bond is not given after twenty-four hours' notice in writing from the officer to the plaintiff, the plaintiff's agent, or attorney, if it is required, the officer may refuse to levy, or, having levied, may dismiss the levy. If the required bond is given, the officer shall seize and sell or dispose of the property according to the command of the process in the officer's hands. [L 1901, c 9, §12; RL 1925, §2456; RL 1935, §4157; RL 1945, §10184; RL 1955, §233-61; HRS §651-62; am L 1976, c 136, pt of §4; am L 1978, c 46, §2; gen ch 1985]
HI Rev Stat § 651-63 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-63 Liability for selling exempt property.

  §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, including an attorney's fee to be fixed by the court before which the action is tried, and the fact that the officer or person has demanded and received the indemnifying bond mentioned in section 651-62 shall not exempt the officer or other person from the liability in this section specified. [L 1901, c 9, §13; RL 1925, §2457; RL 1935, §4158; RL 1945, §10185; RL 1955, §233-62; HRS §651-63; am L 1976, c 136, pt of §4; gen ch 1985] Case Notes  Liability of officer seizing property. 23 H. 584, 586 (1917).
HI Rev Stat § 651-64 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-64 Seizure of exempt property.

  §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 sum and with such sureties as may be approved by the court, payable to the plaintiff in the attachment or execution and conditioned to have the property forthcoming to abide the court's determination of whether such property is exempt or for its value, and for the payment of costs, the court may order the property released and returned to the defendant forthwith. In such case the officer shall deliver the property to the defendant, and return the attachment or execution to the court whence it issued.  [(b)] If it shall be found that the property is liable to attachment or execution, the same not being exempt, the plaintiff shall have judgment against the defendant and the defendant's sureties on the bond for the value of the property and the costs of the proceeding including an attorney's fee, or for such costs and the reinstitution of the levy as of the date it was made, as the court shall order. But if it is found that the property is exempt, the defendant shall recover the defendant's property, damages, and costs including an attorney's fee to be fixed by the court. [L 1901, c 9, §14; RL 1925, §2458; RL 1935, §4159; RL 1945, §10186; RL 1955, §233-63; HRS §651-64; am L 1978, c 46, §3; gen ch 1985] Case Notes  See analogy to tax exemption, must be clearly stated in statute. 8 F.2d 845 (1925).  In action of replevin to recover goods seized, plaintiff is bound to show plaintiff is a person protected by statute. 22 H. 136 (1914).
HI Rev Stat § 651-68 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-68 Proceedings on execution; appraisers; expiration of lien, result.

  §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 days thereafter apply to the court for the appointment of a person or persons to appraise the value thereof. If such application is not made within sixty days after the levy of such execution the lien of the execution shall cease at the expiration of such period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property. [L 1976, c 136, pt of §3; am L 1978, c 46, §4]
HI Rev Stat § 651-69 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-69 Application form contents.

  §651-69 Application form contents. The application shall be made upon a verified petition of the judgment creditor filed with the court showing:  (1) The fact that an execution has been levied upon the real or personal property within sixty days prior to the filing of the petition;  (2) A description of the real or personal property and the name of the claimant of an exemption under subpart B or C;  (3) That the value of the real or personal property, over and above all liens and encumbrances thereon recorded prior to the lien under which sale is to be made, exceeds the amount of the real or personal property exemption, if any; and  (4) That no previous execution arising out of the same judgment has been levied upon the real or personal property. [L 1976, c 136, pt of §3; am L 1978, c 46, §5] Revision Note  Pursuant to §23G-15, in:  (1) Paragraphs (1) and (2), punctuation changed; and   (2) Paragraph (3), punctuation changed and "and" added after ending punctuation.
HI Rev Stat § 651-70 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|651. Attachment and Execution|651-70 Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.

  §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 over the age of majority and by certified mail, return receipt requested, upon the claimant or the claimant's attorneys at least ten days before the hearing, then upon affidavit or refusal of such services or inability to locate upon diligent search and inquiry, by publication once in a newspaper of general circulation in the State at least twenty days before the hearing. If the notice is not served, the lien of the execution shall cease at the expiration of the ninety-day period, and no execution based upon the same judgment shall thereafter be levied upon the real or personal property.  [(b)] At the hearing the court may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint one to three disinterested residents of the county in which the property is situated to appraise the value of the real or personal property. [L 1976, c 136, pt of §3; gen ch 1985]