reglab/statecodes huggingface dataset:
2023 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]
2023 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).
2023 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).
2023 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).
2023 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]
2023 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).
2023 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).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-1 Government beneficiary defined.

§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, board, or bureau thereof, or from any political or municipal subdivision of the State, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary. [L 1890, c 50, §1; am L 1903, c 53, §1; am L 1921, c 66, §1; RL 1925, §2845; RL 1935, §4290; RL 1945, §10321; RL 1955, §238-1; HRS §653-1]
Cross References
Garnishment proceedings against the retirement system, see §88-92.
Attorney General Opinions
Monies owed by State to vendor under public contract not garnishable. Att. Gen. Op. 72-12.
Case Notes
But for this statute, garnishment would not lie, as there is no privity of contract between disbursing officer and beneficiary. 2 H. 80 (1858).
Contractor to whom government owes balance for building bridge is not government beneficiary. 9 H. 195 (1893).
No garnishee process against Territory, except as provided by this chapter. 16 H. 106, 109 (1904).
Every government official, legislative, judicial, or executive included if entitled to salary. 19 H. 428, 429 (1909); 31 H. 1014 (1931).
Not violative of Fourteenth Amendment of U.S. Constitution. 19 H. 428, 430 (1909).
Municipal corporation like private corporation subject to process of garnishment. 23 H. 564, 570 (1916).
Lessees of Hawaiian Homes Commission, which holds proceeds of pineapple sales, are not government beneficiaries within meaning of this section, but the proceeds may be reached by a creditor's bill. 37 H. 8, 12 (1944).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-2 Attachment of salary, etc.

§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, §10322; RL 1955, §238-2; HRS §653-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-3 Exemptions; pensions.

§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 the State or by any municipal subdivision thereof. [L 1921, c 66, §1; RL 1925, §2846; RL 1935, §4291; RL 1945, §10323; RL 1955, §238-3; HRS §653-3]
Cross References
Garnishment proceedings against the retirement system, see §88-92.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-4 Further exemption.

§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 any commission, board, or other agency of any county shall be exempt from garnishment, attachment, or any other judicial or statutory proceedings for the taking, sequestration, or withholding thereof for any purpose whatsoever, including payment of taxes. [L 1933, c 171, §4; RL 1935, §4292; am L 1935, c 63, §1; RL 1945, §10324; RL 1955, §238-4; HRS §653-4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-5 Complaint.

§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:
(1) The office or employment held or pursued by the beneficiary, in or under what department, board, or bureau of government or subdivision of the State, where the beneficiary is resident and where chiefly so employed;
(2) The amount of the monthly salary, wages, or stipend or the annual salary of the beneficiary; and
(3) The name of the officer through whom the beneficiary is accustomed or entitled to draw the beneficiary's salary, stipend, wages, or annuity. [L 1890, c 50, §3; am L 1903, c 53, §2; am L 1921, c 66, §1; RL 1925, §2848; RL 1935, §4294; RL 1945, §10325; RL 1955, §238-5; HRS §653-5; gen ch 1985]
Revision Note
In paragraph (2), "and" added after ending punctuation pursuant to §23G-15.
Case Notes
Summons should not be quashed because declaration omits some statutory allegations if enough remains. 19 H. 387 (1909).
Statute authorizes naming auditor of Territory and clerk of senate in garnishee process. 19 H. 428, 430 (1909).
Cited: 23 H. 564, 566 (1916); 33 H. 602, 604 (1935).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-6 Garnishee summons.

§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:
(1) That the defendant debtor is not a resident of the State and may depart from the State within six months from the date of filing of the action;
(2) That the defendant debtor has departed from the State;
(3) That the defendant debtor has left the county of the defendant debtor's residence with intent to avoid service of summons; or
(4) That the defendant debtor, although a resident of the State, intends to depart from the State and remain absent therefrom for a period in excess of nine months.
If the ruling of the court is in favor of the creditor on any of the allegations above enumerated before judgment or if the creditor has received judgment in the creditor's favor on the creditor's complaint, the creditor may then request the court issuing the garnishee summons to direct that service of a true and attested copy be made in any of the manners described under section 653-7 upon the comptroller of the State, or of the political or municipal subdivision of the State, or other officer through whom the salary, stipend, or wages of the debtor is sought to be attached, who shall be referred to as the garnishee for purposes of this chapter.
(b) In any action brought in the district court by a creditor upon a debtor, the creditor, ten days after judgment rendered in the creditor's favor, in lieu of requesting the issuance of a garnishee summons, may file a certified copy of the judgment and the creditor's affidavit as to the amount due and unpaid on account of the judgment with the comptroller of the State, or of the political or municipal subdivision of the State or other officers through whom the salary, stipend, or wages of the judgment debtor is paid, and upon that filing the comptroller or other officer shall withhold from the wages of the judgment debtor the amounts provided in section 652-1(a) subject to payment in good faith as provided in section 652-1(f) and pay the same to the judgment creditor. [L 1890, c 50, §4; am L 1903, c 53, §3; am L 1921, c 66, §1; RL 1925, §2849; RL 1935, §4295; RL 1945, §10326; RL 1955, §238-6; am L 1959, c 65, §6; am L 1961, c 167, §4; am L 1963, c 85, §3; HRS §653-6; gen ch 1985; am L 1989, c 123, §5 and c 211, §10; am L 1990, c 281, §11; am L 1992, c 82, §3]
Case Notes
Cited: 33 H. 602, 604 (1935).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-7 Service on garnishee.

§653-7 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 officer's 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 an officer's 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 home or business address. [L 1890, c 50, §5; RL 1925, §2850; RL 1935, §4296; RL 1945, §10327; am L 1955, c 197, §2; RL 1955, §238-7; HRS §653-7; gen ch 1985; am L 1992, c 82, §4]
Case Notes
Disbursing officer of senate may be held as garnishee. 10 H. 260 (1896).
Auditor, unless within exceptions, is properly a garnishee for purpose of sequestering salary of territorial employee. 33 H. 602 (1935).
Cited: 34 H. 328, 330 (1937).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-8 Effect of service.

§653-8 Effect of service.
(a) In case of service upon the garnishee, the serving officer's certificate of service or, if by mail, a copy of the return receipt shall be prima facie proof of the service.
(b) For purposes of this chapter, service is effective from the time when the copy is handed to, or left in the office of the garnishee, or reaches the garnishee or the garnishee's office by mail. [L 1890, c 50, §6; RL 1925, §2851; RL 1935, §4297; RL 1945, §10328; RL 1955, §238-8; HRS §653-8; gen ch 1985; am L 1992, c 82, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-9 Service on beneficiary.

§653-9 Service on beneficiary.
Service of process upon the beneficiary may be made as has been usual or shall be provided in the case of civil actions in general. [L 1890, c 50, §7; RL 1925, §2852; RL 1935, §4298; RL 1945, §10329; RL 1955, §238-9; HRS §653-9]
Case Notes
Cited: 34 H. 328, 330 (1937).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-10 Superiors and successors of garnishee.

§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 1925, §2854; RL 1935, §4299; RL 1945, §10330; RL 1955, §238-10; HRS §653-10; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-11 Answer; amount sequestered.

§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 the service of the copy on the garnishee, the garnishee shall withhold from the salary, stipend, or wages, which is then or shall thereafter become due, owing or payable to the beneficiary named in the copy as follows:
Five per cent of the first $100 per month, ten per cent of the next $100 per month, and twenty per cent of all sums in excess of $200 per month, or an equivalent portion of the above amount per week.
The garnishee shall continue to withhold such amount or amounts until the action against the beneficiary has been withdrawn or dismissed, or the judgment against the beneficiary therein, if any, has been fully paid, with legal interest; either of which event shall be certified by the court in or before which the action has been pending. The amount or amounts so withheld shall be deemed sequestered in the treasury of the State, or the political or municipal subdivisions thereof from the time of the service of the copy on the garnishee; provided that no more shall be thus sequestered in advance of final judgment than shall be sufficient to meet the demand of the plaintiff in the action. It shall be unlawful for the garnishee to draw, sign, or issue or permit or cause to be drawn, signed, or issued any warrant payable to the order of the beneficiary or to any other person designated by the beneficiary for the amount or amounts so sequestered. [L 1890, c 50, §8; am L 1903, c 53, §4; am L 1921, c 66, §1; RL 1925, §2855; am L 1933, c 171, §1; RL 1935, §4300; am L 1939, c 212, §3; RL 1945, §10331; RL 1955, §238-11; am L 1959, c 65, §7; HRS §653-11; gen ch 1985]
Cross References
Federal restrictions on garnishment, see Pub. L. 90-321, Title III (15 U.S.C. §1671 et seq.).
Case Notes
Applies equally to all employees and officials of legislative, judicial, or executive departments. 19 H. 428 (1909).
General scheme of §657-5 and this section is to terminate a judgment when judgment is actually paid or presumed to be paid as a matter of law. 82 H. 197, 921 P.2d 117 (1996).
Cited: 10 H. 260, 261 (1896); 24 H. 16, 17 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-12 Certificate furnished garnishee.

§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 sufficiently describe the action to apprise the garnishee of its identity, and shall state the nature of the judgment if any rendered therein, whether any appeal from or exceptions to the judgment were noted at the time of rendering the judgment, or whether the action had been voluntarily withdrawn or discontinued, and the certificate shall be immediately furnished to the garnishee. [L 1890, c 50, §10; RL 1925, §2856; RL 1935, §4301; RL 1945, §10332; RL 1955, §238-12; HRS §653-12]
Case Notes
Cited: 18 H. 593 (1908).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-13 Effect of discontinuance, appeal, exceptions.

§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 rendered, and the certification thereof to the garnishee, the inhibitions placed upon the garnishee by the service of the copy shall be void, and of no further effect. But in case of judgment being rendered for either party in the action from or to which an appeal or exceptions have been noted at the time, the garnishee shall continue bound by the service until the result of the appeal or exceptions have been duly certified to the garnishee as hereinbefore provided. [L 1890, c 50, §11; RL 1925, §2857; RL 1935, §4302; RL 1945, §10333; RL 1955, §238-13; HRS §653-13; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-14 Warrants issued to plaintiff, when.

§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 plaintiff a warrant or warrants payable to the order of the plaintiff for such sum or sums as theretofore have been sequestered and not drawn against in pursuance of the action if the judgment equals or exceeds such sum or sums. If the amount so sequestered and not drawn against does not suffice to extinguish the judgment, then the sequestration and delivery to the plaintiff by the garnishee of a warrant payable to the order of the plaintiff shall continue from week to week, or from month to month, until the judgment, with legal interest, is fully paid, or until the beneficiary quits the service of and dissolves the beneficiary's relation to the government upon which the sequestration is founded. [L 1890, c 50, §12; am L 1903, c 53, §5; RL 1925, §2858; RL 1935, §4303; RL 1945, §10334; RL 1955, §238-14; HRS §653-14; gen ch 1985]
Case Notes
Duty to issue. 24 H. 16 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-15 Actions, precedence.

§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 is first served upon the garnishee; and if two or more such processes are simultaneously served upon the garnishee, they shall be entitled to precedence in the order of the priority of their issue by the court or courts from which they respectively emanated, subject to section 653-16. [L 1890, c 50, §14; am L 1921, c 66, §1; RL 1925, §2859; RL 1935, §4304; RL 1945, §10335; RL 1955, §238-15; HRS §653-15; gen ch 1993]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-16 Same; priority of payments.

§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 pay or cause to be paid on account of the earlier judgment only such sums as are payable upon the judgment from the amounts which shall thereafter become due and payable to the beneficiary. All amounts sequestered on account of the earlier action shall be held to await the result thereof, when, if final judgment passes against the beneficiary, the amount sequestered and held shall be applied in payment of the judgment. In case such amounts do not suffice 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 1890, c 50, §15; RL 1925, §2860; RL 1935, §4305; RL 1945, §10336; RL 1955, §238-16; HRS §653-16]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 653. Garnishment of Government Beneficiaries › 653-17 Warrants charged against beneficiary.

§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 of such salary, stipend, wages, or annuity. [L 1890, c 50, §16; am L 1903, c 53, §6; am L 1921, c 66, §1; RL 1925, §2861; RL 1935, §4306; RL 1945, §10337; RL 1955, §238-17; HRS §653-17; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-1 Information required.

§654-1 Information required.
(a) An action may be brought to secure the immediate possession of personal property in any court of competent jurisdiction by filing a verified complaint showing:
(1) That the plaintiff is entitled to the immediate possession of the property claimed;
(2) A particular description of the property claimed; if the property claimed is a portion of divisible property of uniform kind, quality, or value, that such is the case, and the amount thereof which the plaintiff claims;
(3) The actual value of the property claimed;
(4) That the property has not been taken for a tax, assessment, or fine pursuant to a statute, or seized under an execution or an attachment against the plaintiff or the plaintiff's property, or if so seized that it is by statute exempt from such seizure;
(5) That the property is in the possession of a named defendant, and the facts and circumstances relating to the possession thereof by the defendant, according to the plaintiff's best knowledge and belief; and
(6) The names of all persons other than the defendant in possession of the property, having or claiming or who might have or claim to have an interest in the property according to the best belief of plaintiff, all of whom shall be joined as defendants in the action.
(b) If the action already has been commenced, an affidavit may be filed at any time before the case is at issue, containing the information required by subsection (a). [L Sp 1949, c 7, pt of §1; RL 1955, §244-20; HRS §654-21; am L 1972, c 90, §1(a); ren HRS §654-1; gen ch 1985]
Revision Note
In subsection (a)(5), "and" added after ending punctuation pursuant to §23G-15.
Rules of Court
Verification, whether required, see HRCP rule 11.
Case Notes
Validity of prejudgment replevin provisions authorizing taking of property without affording prior opportunity to be heard. 407 U.S. 67 (1972).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-2 Bond.

§654-2 Bond.
(a) When the plaintiff desires the immediate delivery of the property, the plaintiff shall execute a bond to the defendant in possession of the property, and to all persons having an interest in the property, of such amount and with such sureties as are approved by the court, conditioned that the plaintiff will prosecute the plaintiff's action to judgment without delay, and deliver the property to the defendant in possession or any other person, if such delivery is adjudged, and pay all costs and damages that may be adjudged against the plaintiff. Upon the filing of the verified complaint or affidavit with the bond and a motion for immediate consideration of the matter, the court shall forthwith inquire into the matter, ex parte or otherwise, as in its discretion it determines. If thereupon the court finds that a prima facie claim for relief has been established, it shall issue an order directed to the sheriff, sheriff's deputy, chief of police, an authorized police officer of any county, or an independent civil process server from the department of law enforcement's list under section 353C-11 to take the property therein described and deliver the same to the plaintiff.
(b) Copies of the verified complaint or affidavit, and, if a bond for immediate seizure has been filed, of the bond, and, if an order for the taking has been issued on an ex parte hearing, of the order, shall forthwith be served upon the defendant in possession and each person having or claiming a possessory interest in the property, in the same manner as is provided for service of summons unless the party to be served has appeared in the action, in which case service may be made in the same manner as is provided for service of papers other than the summons. In a proper case, either before or after issuance of an order for the taking, the required service may be combined with the publication of the summons, in which event the giving of notice of the substance of the proceeding shall be sufficient.
(c) Upon the application of any party, the proceeding shall be advanced and assigned for hearing at the earliest possible date. [L Sp 1949, c 7, pt of §1; RL 1955, §244-21; am L 1963, c 85, §3; HRS §654-22; am L 1972, c 90, §1(b); ren HRS §654-2; gen ch 1985; am L 1989, c 123, §6 and c 211, §10; am L 1990, c 281, §11; am L 2002, c 16, §26; am L 2013, c 116, § §17, 25(16); am L 2015, c 101, §4; am L 2021, c 41, §17; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
Cross References
Bond, see §78-20.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-3 Execution of the order.

§654-3 Execution of the order.
The officer to whom an order has been issued shall forthwith execute the same by taking possession of the property therein described, for which purpose the officer may enter in or upon any enclosure or other property, including any building or other structure, vehicle, vessel, or aircraft, and may, upon denial of entrance and after exhibiting the officer's authority if requested, use necessary force to secure entrance; provided that no property shall be so taken if the court issuing the order is without jurisdiction to execute process at the place at which the property is found. [L Sp 1949, c 7, pt of §1; RL 1955, §244-23; HRS §654-24; am L 1972, c 90, §1(c); ren HRS §654-3; gen ch 1985]
Rules of Court
See HRCP rules 64, 69.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-4 Examination of defendant.

§654-4 Examination of defendant.
When it appears by the return of the officer to whom the order was issued that the property claimed has been disposed of or concealed so that the order cannot be executed, the court, upon motion and affidavit, may compel the attendance of the defendant or any other person to examine the defendant or other person on oath as to the situation of the property, and may punish a wilful hindrance to, or obstruction or disobedience of, any order of the court as a contempt. [L Sp 1949, c 7, pt of §1; RL 1955, §244-24; HRS §654-25; am L 1972, c 90, §1(d); ren HRS §654-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-5 Delivery.

§654-5 Delivery.
The officer, having taken possession of the property or any part thereof, shall forthwith deliver the same to the plaintiff, unless before the actual delivery to him, the defendant who had possession, or any person claiming an interest therein and a right to the possession thereof upon making an affidavit of his interest and of his right to the possession stating the grounds thereof, executes a bond to the plaintiff in such amount and with such sureties as are approved by the court, conditioned that he will appear in and defend the action, and deliver the property to the plaintiff, if the plaintiff recovers judgment therefor, in as good condition as it was when the action was commenced, and that he will pay all costs and damages that may be adjudged against him for the taking or detention of the property. Upon the furnishing of the bond the property shall be relinquished to the defendant who had possession, unless the bond is furnished by another person who has, by proper pleadings, presented an affirmative claim to the property and has complied with the provisions of this chapter applicable to a plaintiff, in which case the court shall determine the custody of the property. [L Sp 1949, c 7, pt of §1; RL 1955, §244-25; HRS §654-26; am L 1972, c 90, §1(e); ren HRS §654-5]
Cross References
Bond, see §78-20.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-6 Return of officer.

§654-6 Return of officer.
The officer shall return the order on or before the return day specified in the order issued to the officer and state fully what the officer has done thereunder. If the officer has taken any property the officer shall describe the same particularly. [L Sp 1949, c 7, pt of §1; RL 1955, §244-26; HRS §654-27; ren HRS §654-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-7 Judgment.

§654-7 Judgment.
The judgment shall determine which party is entitled to the possession of the property and shall designate the party's right therein and if the party has not the possession thereof shall also determine the value of the right of the party. The court may also award judgment for damages resulting from the detention of the property. Any money judgment against any party shall also be against the sureties on the party's bond. [L Sp 1949, c 7, pt of §1; RL 1955, §244-27; HRS §654-28; ren HRS §654-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-8 Plaintiff's option.

§654-8 Plaintiff's option.
If the party found to be entitled to the property is not already in possession thereof by delivery under this chapter, or otherwise, the party may, in addition to an execution for damages awarded under section 654-7, at the party's option have an execution for the delivery of the specific property, or for the value thereof. If any portion of the property cannot be obtained on execution the party entitled thereto may take the remainder and apply for and obtain a supplementary judgment for the value of the missing portion together with damages. [L Sp 1949, c 7, pt of §1; RL 1955, §244-28; HRS §654-29; am L 1972, c 90, §1(f); ren HRS §654-8; gen ch 1985]
Rules of Court
See HRCP rules 64, 69, 70.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-8.5 College savings program; exemptions.

§654-8.5 College savings program; exemptions.
(a) Moneys in an account created pursuant to chapter 256 are exempt from application to the satisfaction of a money judgment as follows:
(1) One hundred per cent of moneys in an account established in connection with a scholarship program;
(2) One hundred per cent of moneys in an account where the judgment debtor is the account owner and the designated beneficiary of the account is a minor; and
(3) An amount not exceeding $10,000 in an account, or in the aggregate for more than one account, where the judgment debtor is the account owner of the account or accounts.
(b) For the purposes of this section, the terms "account owner" and "designated beneficiary" shall have the meanings ascribed to them in section 256-1. [L 1999, c 81, §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 654. Special Proceedings for Immediate Possession of Personal Property › 654-9 Other remedies not affected.

§654-9 Other remedies not affected.
The remedy provided by this chapter shall be in addition to, and shall not be deemed to affect, any other remedy. [L Sp 1949, c 7, pt of §1; RL 1955, §244-29; HRS §654-30; am L 1972, c 90, §1(g); ren HRS §654-9]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 655. Deposit and Delivery › 655-1 Deposit in court or delivery to party.

§655-1 Deposit in court or delivery to party.
When it is admitted, by the pleading or examination of a party, that the party has in the party's possession, or under the party's control, any money, or other thing, capable of delivery, which, being the subject of the litigation, is held by the party as trustee for another person, or which belongs, or is due, to another person, the court may order the same, upon motion, to be deposited in court, or delivered to the party, upon such conditions as may be just, subject to the further direction of the court. [CC 1859, §1153; RL 1925, §2383; RL 1935, §4117; RL 1945, §10231; RL 1955, §243-1; HRS §655-1; am L 1972, c 89, §6(a); gen ch 1985]
Rules of Court
See HRCP rule 67; DCRCP rule 67.
Case Notes
Cited: 48 H. 349, 364, 402 P.2d 683 (1965).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 655. Deposit and Delivery › 655-2 Enforcement of order.

§655-2 Enforcement of order.
Whenever in the exercise of its authority a court has ordered the deposit or delivery of money or other thing, and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff, or any of the sheriff's deputies, or any police officer to take the money or thing and deposit or deliver it in conformity with the direction of the court. [CC 1859, §1154; am imp L 1905, c 39, §67; am imp L 1907, c 118, §122; RL 1925, §2384; RL 1935, §4118; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10232; RL 1955, §243-2; am L 1963, c 85, §3; HRS §655-2; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Rules of Court
See HRCP rules 64, 70.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 655. Deposit and Delivery › 655-3 Money in court, deposit as ordered by the court.

§655-3 Money in court, deposit as ordered by the court.
Whenever any money is paid into, or deposited in any court to abide the ascertainment of the right to the money, or the termination of the action, the court shall have power, upon the application of any party interested, or without such application, to order the money to be deposited in the treasury of the State or as otherwise ordered, subject to the further order of the court. [L 1862, p 32; RL 1925, §2385; RL 1935, §4119; RL 1945, §10233; RL 1955, §243-3; HRS §655-3; am L 1972, c 89, §6(b)]
Cross References
Interest income; court deposits, see §601-18.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 656. Frauds, Statute of › 656-2 Consideration need not be in writing.

§656-2 Consideration need not be in writing.
The consideration of any such promise, contract, or agreement, need not be set forth, or expressed, in the writing signed by the party to be charged therewith, but may be proved by any other legal evidence. [CC 1859, §1054; RL 1925, §2666; RL 1935, §3901; RL 1945, §8722; RL 1955, §190-2; HRS §656-2]
Case Notes
Concerning a guarantor. 4 H. 47 (1877). Cf. 31 H. 34 (1929).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 656. Frauds, Statute of › 656-3 Representation of another's credit, etc., when actionable.

§656-3 Representation of another's credit, etc., when actionable.
No action shall be brought and maintained to charge any person upon, or by reason of, any representation or assurance made concerning the character, conduct, credit, ability, trade, or dealings of another person, unless the representation or assurance is made in writing and signed by the party to be charged thereby, or by a person lawfully authorized by the party to sign. [CC 1859, §1055; RL 1925, §2667; RL 1935, §3902; RL 1945, §8723; RL 1955, §190-3; HRS §656-3; gen ch 1985; am L 2017, c 12, §69]
Case Notes
Where an action for actual fraud will lie, this section will not bar the action. 60 H. 225, 587 P.2d 1234 (1978).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-1.5 Limitation of actions not applicable to State. No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time. [L 1991, c 8, §1] Case Notes Plaintiffs water commission and department of water supply of county of Hawaii could not benefit from this section; plaintiffs were obligated to bring their claims in a timely manner within applicable limitations period. 930 F. Supp. 1411 (1996). Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under §10-16, rather than as an agency of the State on behalf of the people of the State, this section did not exempt plaintiff from the statute of limitations for bringing a suit under §673-10. 110 H. 338, 133 P.3d 767 (2006).

§657-1.5
Limitation of actions not applicable to State.
No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time. [L 1991, c 8, §1]
Case Notes
Plaintiffs water commission and department of water supply of county of Hawaii could not benefit from this section; plaintiffs were obligated to bring their claims in a timely manner within applicable limitations period. 930 F. Supp. 1411 (1996).
Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under §10-16, rather than as an agency of the State on behalf of the people of the State, this section did not exempt plaintiff from the statute of limitations for bringing a suit under §673-10. 110 H. 338, 133 P.3d 767 (2006).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 657. Limitation of Actions › 657-2 Mutual current account.

§657-2 Mutual current account.
In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account. [CC 1859, §1038; RL 1925, §2640; RL 1935, §3911; RL 1945, §10422; RL 1955, §241-2; HRS §657-2; am L 1972, c 105, §1(b)]
Case Notes
Cited: 14 H. 495 (1902); 20 H. 433, 443 (1911); 33 H. 876, 881 (1936).