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Garnishee Summons

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GARNISHEE SUMMONS

IN THE DISTRICT COURT OF THE FIFTH CIRCUIT

STATE OF HAWAI'I

Form #5DC32

Civil No.

Plaintiff(s)

Defendant(s)

Garnishee(s) (Name and Address)

GARNISHEE SUMMONS

TO: ANY OFFICER IN HAWAI'I AUTHORIZED TO MAKE SERVICE

You are COMMANDED to leave a true and attested copy of the Summons and Order with each above named Garnishee(s)

TO: GARNISHEE

You, as Garnishee(s), are SUMMONED and required to appear personally before the Judge presiding in the above-entitled proceeding at the Court designated by the checked box on the reverse side. If you are a Federal Agency, you have thirty (30) days to respond. (5 U.S.C. §5520a(d))

OR you may instead file a written disclosure in the above-entitled Division, and send a copy of it to Plaintiff(s) or Plaintiff(s)' attorney.

Your disclosure must be made under Oath. It must state whether you have, or at the time of service:

a. Had any of the goods or effects of the Defendant(s) in your hands and, if so, their nature, amount and value.

OR

b. Were or are indebted to the Defendant(s) and, if so, the nature and the amount of the debt.

OR

c. Defendant(s) was in receipt from you or any salary, wages, commissions, stipend, annuity, net income or a portion of net income under a trust and, if so, the amount or rate thereof.

You, as Garnishee(s), are ORDERED to hold and secure from time of service of the summons, and until further ordered by the Court an amount of money which shall not exceed 120% of the amount of the judgment indicated above, including costs and interest, as provided by Hawai'i Revised Statues §652 & §653.

*SEE FEDERAL WAGE GARNISHMENT LAW FOR APPLICABLE RESTRICTIONS. (Attached form entitled "Garnishee Information")

This summons shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a Judge of the above-entitled Court permits, in writing on the summons, personal delivery during those hours.

Date:

Clerk of the above-entitled Court

Hawai'i Revised Statues §652-9. GARNISHEE MAY BE HEARD ON NOTICE TO PLAINTIFF

Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the Court from which the summons may have issued, and the judge having caused reasonable notice to be given to the Plaintiff in action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons.

If it appears that there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands, any time after the summons is served to the garnishee may be permitted upon order of the judge to pay into the Court any moneys held for safekeeping, debts, goods, or effects in the garnishee's hands less any reasonable costs and attorney's fees allowed by the judge and the garnishee will thereupon be discharged.

With or without payment into Court, any garnishee may, where there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands of any amount, make application for an inter pleader order and the judge shall thereupon make all orders as appear to be just and reasonable.

COURT DATE AND ADDRESS

Kaua'i Judiciary Complex

Courtroom #2

3970 Kāʻana Street

Līhu'e, Hawaiʻi at 9:00 a.m. on and should said Monday be a legal holiday then upon the next secular Monday.

Mailing address for the above Court: 3970 Kāʻana Street, Suite 207, Līhu'e, Hawaiʻi 96766

Accessibility Icon

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. 482-2347, FAX 482-2509, OR TTY 482-2533 at least (10) working days in advance of your hearing or appointment date.

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What a Garnishee Summons Is and when it applies

A Garnishee Summons is a court-issued writ directing a third party (commonly a bank or employer) to withhold or deliver funds or property belonging to a judgment debtor so a judgment creditor can satisfy a money judgment. It is typically issued after a creditor obtains a final judgment and follows state procedural rules for service, notice, and exemptions. The summons identifies the judgment, the debtor, the garnishee, required response steps, and any deadlines. Proper completion and service are essential to avoid dismissal, sanctions, or delay of collection.

Why a Garnishee Summons matters for judgment collection

A Garnishee Summons provides a targeted, court-backed mechanism to reach assets held by third parties and convert a judgment into payment without direct debtor cooperation. It formalizes notice, forces a legally required response, and creates a public record of collection efforts.

Why a Garnishee Summons matters for judgment collection

Typical users and signers of a Garnishee Summons

Organizations and professionals who commonly prepare or serve garnishee summonses include collection attorneys, law firms, in-house legal teams, and court clerks.

  • Collection attorneys and law firms handling post-judgment enforcement and court filings.
  • Judgment creditors (businesses or individuals) seeking to recover awarded sums.
  • Bank compliance or legal departments that receive and respond to garnishment writs.

Parties involved should confirm signer authority and follow local court rules for filing and service to preserve enforcement rights.

Core components to include for a professional Garnishee Summons

A complete Garnishee Summons contains precise case identifiers and clear instructions to the garnishee, plus attachments that establish the judgment and service path. Including standard elements reduces rejection risk and supports enforceability.

Court Caption

Full court name and caption: court name, county, case number, and parties as shown on the judgment document.

Judgment Details

Judgment date, total amount owed, interest rate if applicable, and any post-judgment fees or costs itemized for the garnishee and the court record.

Garnishee Identification

Full legal name and address of the third party (bank, employer), taxpayer or charter numbers where applicable, and a contact for legal/service correspondence.

Debtor Information

Debtor’s full legal name, last known address, Social Security number or TIN when legally permitted, and any account identifiers tied to garnishable funds.

Instructions & Deadlines

Clear directive to the garnishee about withholding, deadlines for filing an answer or turning over funds, and where to send funds or notices.

Service & Proof

Affidavit or certificate of service, required attachments (judgment, writ), and return-of-service form to document proper delivery of the summons.

Required identification and case data to include

Creditor Name: Full claimant name
Debtor Name: Exact legal name
Case Number: Court-assigned number
Judgment Amount: Principal and interest
Garnishee Details: Name and service address
Service Date: Date served to garnishee

Step-by-step: completing a Garnishee Summons

Follow these sequential steps to prepare, serve, and document a Garnishee Summons in compliance with court procedure.

  • 01
    1. Confirm Judgment: Verify final judgment and amounts before preparing the writ.
  • 02
    2. Identify Garnishee: Locate accounts or employer details tied to garnishable assets.
  • 03
    3. Prepare Writ: Complete form with court caption, case number, and instructions.
  • 04
    4. Serve & File: Serve the garnishee per local rules and file proof with the court.

How to customize and complete the form online

Use a digital workflow to prefill recurring fields, define signer roles, and attach supporting documents to streamline repeated garnishment filings.

Template Prefill Auto-populate court caption, creditor name, and address to reduce manual entry errors.
Signer Roles Assign roles for creditor, attorney, and court clerk with ordered signing where required.
Authentication Require email or SMS verification for signers, and stronger authentication for attorney sign-offs.
Attachments Attach judgment, proof of service forms, and any exemption claims for one-click submission.
Notifications Configure notices to creditor, garnishee, and court when the document is signed and filed.

Where to file, send, and how the garnishee responds

A Garnishee Summons is filed in the issuing court and served on the garnishee; the garnishee typically must file a written response or turnover according to local rules.

  • File with Court: File the writ and supporting judgment with the clerk in the originating court.
  • Serve the Garnishee: Deliver the summons to the garnishee per jurisdictional service rules.
  • Garnishee Response: Garnishee must file an answer or remit funds as specified by court rules.
  • Record the Return: File proof of service and any garnishee return in the court record.

Digital signing and eSubmission considerations

Electronic completion and eSignature can speed preparation and provide an auditable trail, but must comply with ESIGN and local court acceptance rules.

  • File Formats: Use PDF or PDF/A for court filings
  • Authentication: Use email/SMS or stronger authentication as required
  • Integrations: Link to case management and cloud storage systems

Confirm the receiving court accepts electronically signed submissions or requires printed, notarized, or clerk-stamped originals before relying on eSubmission.

Typical timelines and response expectations

Timing varies by jurisdiction; consult local court rules for exact deadlines. Below are common procedural timing points to track when enforcing a judgment via garnishment.

Initial Filing Window:

File promptly after judgment entry to preserve levy rights

Service Timing:

Serve the garnishee within the timeframe specified by local rules

Garnishee Answer:

Most courts require a written response; exact days vary by state

Turnover of Funds:

If garnishee owes funds, turnover timelines set by the court apply

Exemption Claims:

Debtor may file exemption objections within locally prescribed timeframes

Key milestones in a garnishment enforcement timeline

The enforcement process generally follows a predictable sequence from judgment to collection; each milestone is subject to local rule variation.

01

Judgment Entry

Court issues final judgment establishing the amount owed

02

Prepare Writ

Draft the garnishee summons and attach judgment documents

03

Service on Garnishee

Deliver summons per court rules and obtain proof of service

04

Garnishee Compliance

Garnishee files answer and remits funds or asserts exemptions

Common mistakes to avoid when preparing a Garnishee Summons

  • Using an incorrect case number or court caption, causing administrative rejection and delay.
  • Serving the wrong legal entity (e.g., branch name instead of holding company) and failing to reach the responsible garnishee.
  • Omitting required attachments such as the judgment or affidavit of service, resulting in non-enforcement.
  • Failing to check exemptions and statutory limitations that can shield part or all of debtor funds.

Consequences of an incorrect or improperly served garnishee summons

Dismissal Risk: Case may be dismissed
Contempt Exposure: Court may impose contempt or sanctions
Monetary Sanctions: Fines or fee shifting possible
Delay in Collection: Enforcement delayed by remand or re-service
Liability for Wrongful Levy: Garnishee may sue for improper seizure
Tax or Reporting Issues: Withholding errors can trigger tax reporting consequences

Practical use examples for a Garnishee Summons

These hypothetical examples illustrate how different parties commonly employ garnishee summonses to enforce money judgments in practice.

Small Firm Collection

A small collection firm obtains judgment against a local debtor

  • serves the debtor’s bank branch as garnishee
  • the bank freezes the account and remits funds after court confirmation, reducing manual follow-up and improving recovery speed.

Corporate Creditor

A corporate creditor secures a judgment for unpaid invoices

  • identifies the debtor’s payroll employer as garnishee
  • the employer withholds wages within statutory limits and files a certified return with the court to satisfy the judgment.

Practical tips for accurate, efficient completion

Follow these best practices to minimize errors, speed processing, and protect enforcement rights when using a Garnishee Summons.

Verify All Names and Numbers
Cross-check creditor, debtor, and garnishee names and the court case number against the judgment and court docket. Small typographical errors often cause administrative rejection or mismatches that delay collection. Confirm entity variations (LLC, Inc.) to ensure proper service on the legal entity.
Attach Supporting Judgments
Include certified copies of the judgment and any post-judgment calculations showing interest and fees. Without authenticated attachments, courts or garnishees may refuse compliance or ask for supplemental proof, increasing time and cost to collect and risking statutory deadline issues.
Follow Local Service Rules
Review and comply with jurisdictional service requirements—personal service, certified mail, or statutory methods—as failure to serve properly can render the writ unenforceable and expose the filer to sanctions or a requirement to re-serve.
Document Everything
Retain proof of mailing, return-of-service affidavits, bank responses, and communications with the garnishee. Courts rely on documentary evidence to adjudicate exemption claims and to verify proper turnover; organized records support appeals and fee recovery.

Typical eSignature vendor pricing and feature comparison

Comparing baseline pricing and a few common capabilities can help choose an eSignature provider for preparing and managing Garnishee Summons workflows. signNow is listed first per vendor comparison conventions.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Garnishee Summons preparation

Answers below address common questions about enforceability, signatures, service, and digital workflows for Garnishee Summonses.


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