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Declaration of Judgment Creditor for Garnishment of Wages

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Form #2DC25

DECLARATION OF JUDGMENT CREDITOR FOR GARNISHMENT OF WAGES; EXHIBIT(S); NOTICE TO EMPLOYER OF JUDGMENT DEBTOR; GARNISHEE INFORMATION

IN THE DISTRICT COURT OF THE SECOND CIRCUIT

STATE OF HAWAI'I

Plaintiff(s)

Reserved for Court Use

Civil No.

Defendant(s)

Filing Party/Attorney Name, Attorney Number (if applicable), Address, Telephone and Fax Numbers

Garnishee (Name and Address)

Certified copy of the Judgment attached as Exhibit A

Current Amount Due: $

(If this amount is different from the Judgment Amount, please attach separate sheet showing calculations as Exhibit B)

Judgment Debtor(s):

Current Place of Employment:

DECLARATION

1. I am the Judgment Creditor or Judgment Creditor's attorney;

2. Judgment (a copy of which is attached as Exhibit A) was entered on the date shown on the Judgment for Judgment Creditor and against Judgment Debtor(s);

3. There is still due and owing the Judgment amount shown in Exhibit A or the Current Amount Due as evidenced by Exhibit B;

4. The Judgment has not been appealed (or if appealed, no bond has been filed), reversed, modified, set aside or satisfied except as stated above, and otherwise remains in full force and effect;

5. The Judgment Creditor is still the owner and holder of the Judgment;

6. Judgment Debtor is presently believed to be employed at the Current Place of Employment listed above; and

7. The Judgment has been in effect for at least 10 days.

I DECLARE UNDER PENALTY OF LAW THAT EVERYTHING IN THIS DECLARATION IS TRUE AND CORRECT.

Signature of Declarant:

Print/Type Name:

Date:

SEE FEDERAL WAGE GARNISHMENT LAW FOR APPLICABLE RESTRICTIONS.

(Attached form entitled “Garnishee Information")

RG-AC-508 (10/17)

(Rev. 02 OCT 2017)

SEE PAGE 2

Page 1 of 2

2D-P-239

Form#2DC25

Declaration of Judgment Creditors - Garnishment of Wages

NOTICE TO EMPLOYER OF JUDGMENT DEBTOR

The applicable law found in Hawaiʻi Revised Statues §652-1(b) provides as follows:

". . .the employer shall thereupon either file a disclosure within one week or shall withhold from the wages of the judgment debtor the amounts as [provided by this law] and pay the same to the judgment creditor."

Prior to making the final payment, you should contact the Judgment Creditor or the Judgment Creditor's attorney to obtain the final payoff amount, that may include additional interest as allowed by law.

If you file a disclosure, send it to:

Circuit Court of the Second Circuit

2145 Main Street, Rm 106

Wailuku, HI 96793

Attn: Documents Receiving Section

District Court of the Second Circuit

Molokai Division

PO Box 284

Kaunakakai, HI 96748

For additional information, please refer to Garnishee Information (Form #2DC27)

In accordance with the Americans with Disabilities Act if you require an accommodation for your disability, please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or email adarequest@courts.hawaii.gov at least ten (10) working days in advance of your hearing or appointment date. For all civil matters, please call 244-2706 or visit the Service Center at 2145 Main Street, Room 141, Wailuku, HI 96793.

(Rev. 02 OCT 2017)

Page 2 of 2

Declaration of Judgment Creditors - Garnishment of Wages

Form#2DC25

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What the Declaration of Judgment Creditor for Garnishment of Wages Is

The Declaration of Judgment Creditor for Garnishment of Wages is a sworn statement filed by a judgment creditor to initiate wage garnishment against a judgment debtor. It certifies the judgment amount, service attempts, and the debtor's employment information so a court or sheriff can order an employer to withhold wages. The document typically attaches a certified judgment, proof of service, and a request for issuance of a writ or continuing garnishment. Properly completed, it starts the legal collection process while giving the debtor notice and the opportunity to assert exemptions under applicable state law.

Why this Declaration Matters and Its Legal Basis

The declaration creates the formal record a court needs to direct wage withholding, helps protect the creditor’s right to collect, and preserves procedural steps required by statute. Electronic execution is generally enforceable under the federal ESIGN Act (15 U.S.C. §7001) and state UETA laws where adopted, but courts and state rules may impose procedural or service requirements that must be followed exactly.

Why this Declaration Matters and Its Legal Basis

Who Typically Prepares or Signs This Declaration

Common users include judgment creditors, their attorneys, collection agencies, and court clerks who prepare forms for filing. State or local sheriff offices may also provide template language for declarations used to obtain writs of garnishment.

  • Judgment Creditors and Counsel who want to enforce unpaid monetary judgments through court-ordered wage withholding.
  • Collection Agencies that hold assignments or are retained to collect judgments on behalf of a creditor.
  • Court Clerks or Sheriffs who process the request and issue the writ or serve the employer.

Use the form only after a valid, final judgment exists and after verifying state-specific prerequisites like notice, waiting periods, and any required pre-garnishment hearings.

Step-by-step: How to prepare and file the declaration

Complete the declaration and assemble supporting documents in sequence to meet filing and service rules.

  • 01
    Confirm Judgment: Verify the judgment is final, unpaid, and eligible for collection.
  • 02
    Gather Attachments: Attach certified judgment, docket entries, and proof of service where required.
  • 03
    Fill Declaration: Enter case details, amounts due, debtor employment information, and date the declaration.
  • 04
    File and Serve: File with the court clerk and serve the debtor and the employer per state rules.

Alternative workflow: administrative and judicial steps

Track administrative steps separately from judicial milestones to keep parties and the employer informed.

01

Prepare Documentation:

Collect judgment, entry, and fee receipts.
02

Clerk Filing:

File declaration with court and pay filing fee.
03

Request Writ:

Ask clerk or sheriff to issue a writ or continuing garnishment.
04

Serve Employer:

Sheriff or process server serves employer with writ.
05

Employer Withholds:

Employer begins withholding per statutory limits.
06

Account Remittance:

Employer sends withheld funds as directed by the writ.

Essential parts of a professional garnishment declaration

A complete declaration includes factual, legal, and procedural items courts require. Cover each element clearly to minimize objections.

Caption and Case Data

Court name, case number, party captions, and judgment entry reference. This ties the declaration to the underlying judgment record.

Judgment Summary

Itemized principal, interest, costs, and post-judgment charges with calculation dates to support the total claimed.

Employment Details

Employer name, address, payroll contact, and any known wage/payment schedule used to direct withholding.

Service and Notice

Statement of prior notices and how the debtor was served, including dates and methods used.

Legal Attestation

Sworn statement or certification by the creditor or counsel attesting to accuracy and authority to seek garnishment.

Signature and Notary

Signed by the judgment creditor or authorized representative; notarization if required by state law or local court rule.

Supporting documents to attach

Attach these records when filing to evidence the judgment and service; missing items are common causes of delay.

Certified Judgment

A certified copy of the final judgment or order showing the amount due, the court seal or clerk certification, and entry date.

Proof of Service

Documents showing the debtor was properly notified, including certificates of service or sheriff returns, with dates and recipient details.

Earnings Information

Pay stubs, W-2, or employer verification showing pay frequency and wage amounts when available to calculate withholding limits.

Prior Notices

Any demand letters, collection notices, or creditor affidavits demonstrating attempts to collect before seeking garnishment.

How the garnishment process flows after filing

A simple overview of the operational steps from filing to payroll withholding.

  • Court Issues Writ: Judge or clerk signs and issues a writ of garnishment directing employer action.
  • Writ Served: Sheriff or process server serves employer and notifies debtor per statute.
  • Employer Responds: Employer confirms employment and begins withholding subject to statutory limits.
  • Funds Remitted: Employer forwards withheld amounts to the clerk or creditor as specified in the writ.

Digital workflow settings for completing and submitting the declaration

Configure workflow fields and signer roles to match court form requirements and state service rules.

Field Configuration
Signer Role Judgment Creditor | Attach signature and date field
Notary Field Place notary block if state or court requires notarization
Attachments Require upload of certified judgment and proof of service
Delivery Set routing to court clerk and sheriff or process server

Technical and security considerations for e-filing or eSigning

Confirm platform support for required authentication, audit trails, and secure attachments before submitting electronically.

  • File Formats: PDF preferred; ensure attachments are searchable and uncompressed where possible
  • Authentication: Use email plus SMS or knowledge-based authentication where courts request stronger signer verification
  • Audit Trail: Retain a tamper-evident audit trail capturing timestamps, IP addresses, and signer actions

Use an e-signature platform that supports record retention and export of signed PDF/A or native PDF with an embedded audit trail to meet court or clerk requirements.

eSignature vendor comparison for completing and submitting the declaration

Selected vendor features and starting prices for common eSignature platforms. Use plan details and compliance needs to choose the right option.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes (BAA available) Yes (BAA available) No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical tips for accurate and efficient completion

Apply consistent practices to reduce rejections and speed enforcement while protecting debtor rights and complying with statutes.

Verify Names and Numbers
Cross-check claimant, debtor, and case numbers against the official court docket to avoid mismatches and processing delays.
Use Court Templates
When available, use the court or county template language exactly to meet local procedural requirements and reduce clerk rejections.
Document Service Attempts
Keep evidence of notice and service attempts; many states require prior notice or waiting periods before garnishment starts.
Respect Exemptions
Check federal and state exemptions (e.g., Social Security, certain public benefits) to avoid unlawful withholding and potential penalties.

Common mistakes that delay garnishment processing

  • Using incorrect case numbers or mismatched party names causes clerks to reject filings and can delay issuance of writs.
  • Failing to attach a certified judgment or proof of entry leads to incomplete filings and administrative return-to-sender.
  • Omitting employer contact or payroll details increases time to serve the writ and locate pay cycles.
  • Ignoring state-specific notice or exemption procedures can result in employer noncompliance or creditor sanctions.

Legal risks and penalties for incorrect or improper declarations

Incorrect Service: May void garnishment and require re-service; can expose the creditor to court sanctions.
Wrongful Withholding: Employer errors can lead to liability and requires creditor diligence to avoid over-withholding.
Failure to Obey Exemptions: Withholding exempt funds risks legal challenge and potential damages to the creditor.
Perjury Exposure: A false sworn declaration can expose the signer to perjury or contempt charges under state law.
Clerical Rejection: Missing attachments or incorrect formatting often causes administrative rejection and re-filing costs.
Increased Costs: Attorney, filing, and service fees mount if procedures must be repeated due to mistakes.

Security and compliance essentials for electronically stored declarations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trails: Tamper-evident logs capturing IP, timestamp, and signer actions
BAA Availability: HIPAA-compliant workflows available with a BAA
ESIGN / UETA: Electronic signatures valid under 15 U.S.C. §7001 and UETA where adopted
21 CFR Part 11: Support for FDA-regulated cryptographic controls where required
Retention Controls: Exportable signed PDFs and searchable archives for legal production

Real-world examples of how the declaration is used

These short scenarios show typical uses and outcomes when the declaration is prepared correctly.

Small Business Creditor

A vendor files a declaration after a default judgment

  • creditor included employer payroll contact
  • garnishment recovered outstanding balance within two pay cycles after correct service and employer response.

Consumer Judgment

An individual creditor used a template and omitted certified judgment

  • court clerk returned the filing for missing certification
  • creditor refiled with attachment and obtained a writ two weeks later.

Timing and deadlines to observe when seeking wage garnishment

Track filing, service, employer response, and remittance deadlines that vary by state and by the type of writ requested.

Filing Deadline:

No federal deadline; file after judgment is final and any appeal period lapses

Service Period:

Employer typically must be served within statutory timeframes; varies 10–30 days

Employer Response:

Employers often must respond within 10–20 days to employer interrogatory or answer

Withholding Start:

Withholding usually begins the first payroll period after employer receives writ

Remittance Schedule:

Employers remit withheld funds per the writ or local rule—often monthly or per pay cycle

Key milestones from judgment to collected funds

Follow these numbered stages in order to monitor progress and document compliance throughout the garnishment lifecycle.

01

1. Judgment Finalized

Court enters final judgment and docket entry is certified.

02

2. Declaration Filed

Creditor files the sworn declaration with required attachments.

03

3. Writ Issued

Clerk or judge issues a writ of garnishment or continuing garnishment.

04

4. Employer Withholds

Employer withholds wages and remits per statutory limits and writ instructions.

Frequently asked questions about the Declaration of Judgment Creditor for Garnishment of Wages

Answers to common procedural, legal, and technical questions to help avoid delays and ensure compliance.


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