Hawaii Revised Statutes 653. Garnishment of Government Beneficiaries

  • 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,...
  • 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...
  • 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,...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...
  • 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...

Note

As to procedural statutes superseded by the rules of court, see note preceding Title 32.

Rules of Court

See HRCP rules 64, 69; DCRCP rules 64, 69. Service, see HRCP rule 4; DCRCP rule 4.

Case Notes

Validity of prejudgment replevin provisions authorizing taking of property without affording prior opportunity to be heard. 407 U.S. 67.

Last modified: October 27, 2016