Hawaii Revised Statutes 651. Attachment and Execution

PART I. ATTACHMENT

• 651-1 General Provisions.
  See HRCP rule 64; DCRCP rule 64. §651-1 General provisions. [Repeal and reenactment on June 30, 2020. L 2015, c 101, §4.] (a) This...
• 651-2 Writ; Issued When.
  See HRCP rule 64; DCRCP rule 64. §651-2 Writ; issued when. The plaintiff, in any action upon a contract, express or implied, may, at...
• 651-3 Affidavit.
  See HRCP rule 64; DCRCP rule 64. §651-3 Affidavit. The writ of attachment shall be issued by the clerk of the court in which...
• 651-4 Bond; Amount and Conditions.
  See HRCP rule 64; DCRCP rule 64. §651-4 Bond; amount and conditions. Before the writ of attachment shall issue, the plaintiff, or someone in...
• 651-5 Additional Security.
  See HRCP rule 64; DCRCP rule 64. §651-5 Additional security. The defendant may at any time before judgment move the court for additional security...
• 651-6 Action on Bond.
  See HRCP rule 64; DCRCP rule 64. §651-6 Action on bond. In an action on the bond a plaintiff may recover, if the plaintiff...
• 651-7 Writ; How Issued.
  See HRCP rule 64; DCRCP rule 64. §651-7 Writ; how issued. The writ of attachment shall be issued by the clerk with the approval...
• 651-8 Amount Levied On.
  See HRCP rule 64; DCRCP rule 64. §651-8 Amount levied on. The police officer shall attach a sufficient amount of the property of the...
• 651-9 Writ; How Executed.
  See HRCP rule 64; DCRCP rule 64. §651-9 Writ; how executed. The police officer to whom the writ is directed and delivered, shall execute...
• 651-10 Indemnity for Police Officer.
  See HRCP rule 64; DCRCP rule 64. §651-10 Indemnity for police officer. If the police officer has any reasonable doubt as to the ownership...
• 651-11 Execution in Order of Receipt.
  See HRCP rule 64; DCRCP rule 64. §651-11 Execution in order of receipt. When there are several attachments against the same defendant, they shall...
• 651-12 Examination of Defendant; Where No Property Known.
  See HRCP rule 64; DCRCP rule 64. §651-12 Examination of defendant; where no property known. Whenever it appears by the affidavit of the plaintiff...
• 651-13 Attached Property; Sale Of.
  See HRCP rule 64; DCRCP rule 64. §651-13 Attached property; sale of. If any of the property attached is perishable, or in danger of...
• 651-14 Appointment of Receiver.
  See HRCP rule 64; DCRCP rule 64. §651-14 Appointment of receiver. The court before which the action is pending, or the judge thereof, may...
• 651-15 Officer's Return; How Made.
  See HRCP rule 64; DCRCP rule 64. §651-15 Officer's return; how made. The police officer shall make out a full inventory of the property...
• 651-16 Discharge of Writ.
  See HRCP rule 64; DCRCP rule 64. §651-16 Discharge of writ. If the defendant recovers judgment or if the plaintiff is nonsuited or if...
• 651-17 Discharge by Bond of Defendant.
  See HRCP rule 64; DCRCP rule 64. §651-17 Discharge by bond of defendant. If the defendant, at any time before judgment, causes a bond...
• 651-18 Discharge of Writ When Improperly Issued.
  See HRCP rule 64; DCRCP rule 64. §651-18 Discharge of writ when improperly issued. The defendant may at any time after the defendant has...
• 651-19 Recording Discharge.
  See HRCP rule 64; DCRCP rule 64. §651-19 Recording discharge. Whenever an order has been made discharging or releasing an attachment upon real property,...
• 651-20 Judgment Satisfied Out of Attached Property.
  See HRCP rule 64; DCRCP rule 64. §651-20 Judgment satisfied out of attached property. If judgment is recovered by the plaintiff, the levying officer...
• 651-21 Deficiency.
  See HRCP rule 64; DCRCP rule 64. §651-21 Deficiency. If, after selling all the property attached by the levying officer remaining in the levying...

PART II. EXECUTION

• 651-31 Time of Issuance.
  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...
• 651-32 Execution, District Court; Form.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-32 Execution, district court; form. Every district judge at the request of the party recovering...
• 651-32.1 Repealed.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-32.1 REPEALED. L 1973, c 86, §1.
• 651-33 Bond for Expenses on Execution.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-33 Bond for expenses on execution. Upon the petition of the sheriff, deputy sheriff, or...
• 651-34 Time Within Which Execution Shall Be Returnable.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-34 Time within which execution shall be returnable. All executions and alias executions issued by...
• 651-35 When Property in Circuit Insufficient.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-35 When property in circuit insufficient. If, upon an execution being issued by a district...
• 651-36 Execution, Courts of Record; Form.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-36 Execution, courts of record; form. The forms of executions to be issued from courts...
• 651-37 Address, Signature.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-37 Address, signature. All writs of execution, whether civil or criminal, issuing from any court...
• 651-38 Alias Writs.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-38 Alias writs. Any circuit court, out of which an execution has been issued, if...
• 651-39 Available in All Circuits.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-39 Available in all circuits. Any writ of execution or other writ issued for the...
• 651-40 Stay by Judge; Effect.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-40 Stay by judge; effect. Any judge of a court of record may, by order...
• 651-41 Priority in Levying.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-41 Priority in levying. Every officer receiving a writ of execution issued in due form...
• 651-42 How Levy Made, Inventory.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-42 How levy made, inventory. Every levy by an officer, in pursuance of a writ...
• 651-43 Advertisement for Sale.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-43 Advertisement for sale. The officer shall, after levy, advertise for sale the property levied...
• 651-44 Sale; Proceeds; Return.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-44 Sale; proceeds; return. The officer shall, on the day and at the place set...
• 651-45 Postponement of Sale.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-45 Postponement of sale. If, at the time appointed for the sale, the officer deems...
• 651-46 Deeds, Etc.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-46 Deeds, etc. The officer shall execute and deliver, to any purchaser at any such...
• 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.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-47 Levy on and execution sale of investment securities; garnishment the proper procedure when the...
• 651-48 Same, Penalty.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-48 Same, penalty. Any owner or holder of any certificate of stock which has been...
• 651-49 Only Defendant's Interest Sold.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-49 Only defendant's interest sold. No sale by execution shall operate to convey a greater...
• 651-50 Liability for Exceeding Powers.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-50 Liability for exceeding powers. The officer serving any execution shall act upon the officer's...
• 651-51 Indemnity Bond.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-51 Indemnity bond. The sheriff, deputy sheriff, or police officer may decline to levy upon...
• 651-52 Indemnity, How Collected.
  See HRCP rules 64, 69; DCRCP rules 64, 69. §651-52 Indemnity, how collected. Bonds of indemnity given to an officer, as provided in section...

PART III. EXEMPTIONS
A. Generally

• 651-61 Exemption, How Claimed.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-62 Indemnity Bond If Exemption Claimed.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-63 Liability for Selling Exempt Property.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-64 Seizure of Exempt Property.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-65 to 67 Repealed.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-68 Proceedings on Execution; Appraisers; Expiration of Lien, Result.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-69 Application Form Contents.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...
• 651-70 Service of Petition and Notice of Hearing; Effects of Failure to Serve; Appointment of Appraisers.
  Sections 651-61 to 64 designated as subpart A by L 1976, c 137, §6. Rules of Court See HRCP rules 64, 69; DCRCP rules...

B. Real Property

• 651-91 Definitions.
  As used in this subpart: (1) "Head of a family" includes within its meaning: (A) A man and woman when married, except as provided...
• 651-92 Real Property Exempt.
  (a) Real property shall be exempt from attachment or execution as follows: (1) An interest in one parcel of real property in the State...
• 651-93 Effect of Separation, Divorce, Reconciliation.
  Following the entry of a decree of separate maintenance or an interlocutory decree of divorce, each spouse may claim a separate real property exemption...
• 651-94 Proceedings Where Real Property Can Be Divided Without Material Injury.
  If the defendant is entitled to an exemption as provided in section 651-92, and from the appraiser's report, it appears to the judge that...
• 651-95 Sale Where Real Property Cannot Be Divided; Application of Proceeds.
  If the defendant is entitled to an exemption as provided in section 651-92, and if, from the appraiser's report, it appears to the court...
• 651-96 After Sale, Money Equal to Real Property Exemption Protected.
  The money paid to the defendant as the defendant's exemption shall be entitled, for the period of six months thereafter, to the same protection...

C. Personal Property

• 651-121 Certain Personal Property and Insurance Thereon, Exempt.
  The following described personal property of an individual up to the value set forth shall be exempt from attachment and execution as follows: (1)...
• 651-122 Personal Property Not Exempt.
  No exemption for personal property authorized under section 651-121 shall apply to attachment or execution issued upon a judgment recovered for the price of...
• 651-123 Application of Proceeds of Sale.
  When the property thus taken is sold, which sale shall be subject to all prior liens and encumbrances, the proceeds of the sale thereof...
• 651-124 Pension Money Exempt.
  The right of a debtor to a pension, annuity, retirement or disability allowance, death benefit, any optional benefit, or any other right accrued or...

Last modified: October 27, 2016