HRS 0652-0001 ANNOTATIONS

Federal restrictions on garnishment, see Pub L 90-321, Title III (15 U.S.C. §1671 ff).

Funds in joint bank account; presumption as to ownership of the funds by the debtor. Haw Supp, 6 HBJ 25.

Where general contractor denied being "indebted" to subcontractor in general contractor's garnishee disclosure, general contractor was indebted to subcontractor for the purposes of this section. 179 F.3d 829.

Notwithstanding Sniadach v. Family Finance Corp. (395 U.S. 337), provisions on garnishment of corporation's checking account, payroll account and payments due on completed contracts are not violative of due process. 317 F. Supp. 150.

Issuance of ex parte writs of garnishment to be served on personal checking accounts which may contain AFDC (assistance) grants held unconstitutional. 431 F. Supp. 1369.

Affidavit method of post-judgment garnishment of wages does not contravene constitutional requirements of procedural due process. 467 F. Supp. 544.

Garnishee process does not authorize attachment of money or goods but only debts owing to judgment debtor. 6 H. 623. "Effects", embraces what. 16 H. 106; 35 H. 772. "Any person" includes municipal corporation. 23 H. 564.

Service on corporation, 6 H. 259; on attorney-in-fact of garnishee, 6 H. 659; of defective copy on garnishee, 14 H. 627. "Last and usual place of abode". 20 H. 132, aff'd 233 U.S. 70. Service required by this section is due process of law. 20 H. 132, aff'd 233 U.S. 70. Defective service waived by general appearance of garnishee. 18 H. 593. See, generally, 5 H. 489; 6 H. 153; 7 H. 72; 10 H. 325; 22 H. 321; 27 H. 655; 28 H. 528. Service on garnishee is sufficient notice to non-resident defendant. 22 H. 321. Garnishee may appear and orally disclose. 15 H. 645. Substitute process. 34 H. 328. Interpleader. 33 H. 557.

Petition in writing, must contain specific request for garnishee process. 5 H. 664. Sufficiency of request for issuance of process. 22 H. 723. Examination before "judge at chambers". 22 H. 229. Before district magistrate. 19 H. 625. Both debtor and garnishee summoned on same order. 22 H. 229.

Rights accrue at time of service. 28 H. 528, 533. Annuity. 31 H. 418, 427. Assignment. 5 H. 589; 30 H. 158. As to priority of claim where garnishment and mechanic's lien are involved. 9 H. 23. Judgment concludes "trial" and discharges garnishee. 27 H. 749. Garnishee set-off. 19 H. 83. Rights between "foreign receiver" and domestic creditors. 10 H. 325; 10 H. 327. Garnishee summons does not take precedence over a garnishment of a new employer under §652-5, priority of each being determined according to time of receipt by garnishee. 50 H. 223, 437 P.2d 95.

When trustee under private trust may be held as garnishee. 11 H. 466; 32 H. 78. Trustee in bankruptcy. 33 H. 337. Assignee in bankruptcy. 5 H. 445. Debt owing partnership cannot be garnisheed in action against one of the partners. 14 H. 300; and see 6 H. 153; 6 H. 157. Money with clerk, still subject to judicial action, is not subject to garnishment. 10 H. 499. Debt subject to contingency and not due or to become due by mere lapse of time, is not subject to garnishment. 11 H. 202; 27 H. 297. Unliquidated claim for damages for breach of contract is not subject to garnishment. 20 H. 702. "Debts" do not include those controverted by garnishee. 27 H. 651. Liability under implied promise to pay reasonable attorney's fee is subject to garnishment. 47 H. 252, 386 P.2d 886. Claim for unliquidated damages for breach of contract does not constitute debt, and garnishment is not available. 308 F. Supp. 59.

Garnishee's denial of liability is not conclusive. 48 H. 68, 395 P.2d 691.

As applied to bank accounts, statute is violative of due process clause. 54 H. 656, 513 P.2d 1390.

Garnishor has a right to examine garnishee under oath when garnishee denies indebtedness. 71 H. 393, 793 P.2d 170.

Pledgor's interest in pledged stock, though subject to bank's security interest, was garnishable under this chapter. 92 H. 347, 992 P.2d 42.

Declared unconstitutional. 77 HLR 77-837.