§652-13 Fees and costs. Every garnishee shall be allowed $10 in cases in the circuit courts and $10 in cases in the district courts for filing a return on or before the return day or for appearance on the return day, as the case may be, and, in special or exceptional cases in which the court may deem it proper, such further sums as the court may deem reasonable for counsel fees and other necessary expenses. The allowance for return or appearance of the garnishee shall be deposited with the clerk of the court in order to hold the garnishee and shall be paid to the garnishee when the garnishee makes the garnishee's return and files the same in court or when the garnishee makes the garnishee's appearance in court. If the garnishee fails to make and file a return or to make the garnishee's appearance in court the garnishee shall thereby forfeit the garnishee fees provided in this section. The garnishee, if discharged, may collect from the plaintiff on execution any unpaid allowances or, if held, may retain the same out of the goods, effects, or credits of the defendant in the garnishee's hands.

As between the plaintiff and defendant, if the garnishee is discharged, the costs of the garnishment proceeding shall be taxed against the plaintiff; but, if the garnishee is held, such costs and all such allowances as have been paid by the plaintiff to the garnishee shall be taxed against the defendant. [L 1876, c 35, §10; am L 1919, c 157, §3; RL 1925, §2843; am L 1933, c 105, §1; RL 1935, §4282; RL 1945, §10313; RL 1955, §237-13; HRS §652-13; gen ch 1985; am L 1993, c 200, §3]