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Garnishees Hawaii State Judiciary

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MOTION FOR ISSUANCE OF GARNISHEE SUMMONS
AFTER JUDGMENT; DECLARATION; DECLARATION;
ORDER; EXHIBIT(S): GARNISHEE SUMMONS;
GARNISHEE INFORMATION;

IN THE DISTRICT COURT OF THE SECOND CIRCUIT
STATE OF HAWAI'I

DIVISION

Form #2DC29

Plaintiff(s)

Reserved for Court Use

Civil No.

Defendant(s)

Filing Party(ies)/Filing Party(ies)' Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Garnishee(s) (Name and Address)

Copy of 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)

MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AFTER JUDGMENT

TO THE JUDGE OF THE ABOVE-ENTITLED COURT: Judgment Creditor(s) moves that a Garnishee Summons issue according to Law directed to the Garnishee(s) named above for:

If this is a garnishment for “funds” (other than wages) belonging to a Judgment Debtor(s) who is an individual and a Garnishee who is a financial institution, then the Second Declaration on the page 2 must be completed.

Date:

Signature of Filing Party(ies)/Filing Party(ies)' Attorney:

Print/Type Name:

♿

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.

I certify that this is a full, true and correct
copy of the original on file in this office.

Clerk, District Court of the Above Circuit, State of Hawai'i

DECLARATION

I have read the Motion, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT:

  1. I am Judgment Creditor(s) or Judgment Creditor(s)' attorney;
  2. The Judgment (a copy of which is attached as Exhibit A) was entered on the date shown on said Judgment for Judgment Creditor(s) and against Judgment Debtor(s) in the sum of the Judgment Amount Due stated;
  3. There is still due and owing;

  4. The Judgment has not been appealed (or if appealed, no bond has been filed), reversed, modified, set aside or satisfied except as aforesaid and otherwise remains in full force and effect, and
  5. The Judgment Creditor(s) is still the owner and holder of said Judgment;
  6. I am informed and believe that Garnishee(s) is indebted to Judgment Debtor(s) or is holding moneys or goods or effects of Judgment Debtor(s) for safekeeping, or is paying to Judgment Debtor(s) salaries, stipends, commissions, wages, annuities or net income or portions of net income under a trust.

Date:

Signature of Declarant:

Print/Type Name:

DECLARATION

1. Based on the following information, the funds sought to be garnished are not traceable to funds that would be exempt from garnishment under the provisions of Federal and State laws as the judgment debtor does not receive:

  1. Temporary Assistance for Needy Families (TANF) benefits or funds;
  2. unemployment benefits (Hawaiʻi Revised Statutes §383-163);
  3. social security payments
  4. worker's compensation benefits (Hawai'i Revised Statutes §386-57); or
  5. pension or retirement program payment exempt from garnishment under Hawaiʻi Revised Statutes §653-3 or 651-124.

2. I know the information in the above paragraph is true and correct based upon;

(attach continuation page, if necessary).

I have read this Declaration, know the contents and verify that the statements are true to my personal knowledge and belief. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Date:

Signature of Filing Party(ies)/Filing Party(ies)' Attorney:

Print/Type Name:

ORDER

Filing Party is Ordered to provide a blank Garnishee Disclosure to all Garnishees named above. This motion is granted and IT IS ORDERED that Garnishee Summons issue according to law.

Date:

Judge of the above-entitled Court

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What the Garnishee Notice for Hawaii State Judiciary Is

A Garnishee Notice in the Hawaii State Judiciary context is a court-issued process that directs a third party (the garnishee) who holds funds or property to retain or turn over assets to satisfy a creditor's judgment. It typically follows a final money judgment and names the judgment creditor, judgment debtor, and the garnishee. The form documents the amount owed, the basis for the claim, and instructions for service and return to the court. This page summarizes how to complete, serve, and file garnishee paperwork with Hawaii State Judiciary and related timing and retention considerations.

Why Accurate Garnishee Filings Matter

Accurate garnishee filings protect court process integrity, minimize delay, and reduce the risk of returned service or court rejection. Correct forms and supporting evidence shorten enforcement timelines and limit exposure to sanctions or contempt proceedings.

Why Accurate Garnishee Filings Matter

Who Typically Prepares or Receives Garnishee Notices

Each party has specific responsibilities for completion, service, and recordkeeping; clear allocation reduces disputes and accelerates collection.

  • Judgment creditor or their attorney — prepares filing and arranges service on garnishee and debtor.
  • Garnishee (bank or employer) — receives notice, locates funds, and responds per court instructions.
  • Court clerk and bailiff — accept filings, docket the writ, and record proof of service.

Who Signs or Authorizes the Notice

Judgment Creditor

Collections attorney or creditor representative signs or certifies the accuracy of the judgment amount and service affidavit. They must ensure the filing matches the court judgment and attach supporting judgment documentation in order to demonstrate entitlement to garnishment and avoid dismissal.

Garnishee Representative

Bank compliance officer or employer HR/payroll manager usually acknowledges receipt and completes the garnishee response. Their signature confirms whether assets exist and what portion — if any — is subject to seizure under court instruction and applicable exemptions.

Security and Compliance Considerations for Digital Submissions

Encryption: TLS 1.2/1.3; AES-256 at rest
HIPAA/BAA: HIPAA compliant with BAA available
Audit Trail: Detailed timestamps and logs
Regulatory Standards: ESIGN and UETA compliant
Certifications: SOC 2 Type II; ISO 27001
Accessibility: WCAG 2.0 Level AA

Legal Risks and Potential Penalties

Contempt Risk: Failing to comply may lead to contempt
Wrong Party Served: Improper service can void garnishment
Late Filing: Delays may reduce collectible funds
Exemption Errors: Ignoring exemptions can trigger sanctions
Data Mistakes: Incorrect amounts cause processing delays
Privacy Violations: Improper disclosures risk statutory penalties

Common Preparation Errors to Avoid

  • Omitting the court case number or attaching the wrong judgment document leads to returned filings and additional court fees while delaying collections.
  • Naming the incorrect garnishee (wrong bank or outdated employer) results in failed service and may require reissuance under a new filing.
  • Failing to calculate post-judgment interest or incorrect aggregate amounts can invite debtor challenges and require supplemental filings to correct totals.
  • Not providing proof of service or a sworn affidavit within the required time frame often causes the court to quash the garnishment and halt enforcement.

Step-by-Step: Completing a Garnishee Notice for Hawaii

Follow these core steps in order to prepare, serve, and file a garnishee notice with the Hawaii State Judiciary.

  • 01
    Confirm Judgment: Verify final judgment and amount before drafting the notice.
  • 02
    Complete Form: Enter parties, judgment amount, and garnishee details accurately.
  • 03
    Serve Garnishee: Serve per court rules and obtain proof of service immediately.
  • 04
    File Return: File the garnishee return and supporting affidavit with the clerk.

Process Overview: From Judgment to Collection

A concise sequence shows the enforcement path after judgment: notice preparation, service, garnishee response, and court disbursement.

  • Prepare Notice: Draft using court-required caption and amounts.
  • Serve Parties: Deliver to garnishee and debtor with proof.
  • Garnishee Response: Garnishee reports funds and any exemptions.
  • Court Action: Court orders turnover or schedules hearing.

Essential Elements to Include on a Professional Garnishee Notice

A complete garnishee notice contains structured elements that courts expect; include each to reduce rejection risk and speed enforcement.

Court Caption

Include the Hawaii State Judiciary caption, court name, case number, and judge if required so the clerk can docket the notice correctly and link it to the originating judgment without clerical ambiguity.

Judgment Details

Provide the original judgment date, docket number, principal amount, accrued interest, and any post-judgment fees so the court and garnishee can verify the precise collectible amount and avoid accounting discrepancies.

Judgment Creditor

List the creditor's full legal name, mailing address, and counsel contact information so notices, checks, and inquiries reach the correct representative in a timely fashion for claim resolution.

Judgment Debtor

State the debtor's legal name, last known address, Social Security or identifying number redacted as appropriate, and employer information where wage garnishment is pursued to ensure accurate matching of records and assets.

Garnishee Information

Provide the garnishee's legal name, mailing address, account or payroll reference, and any identifying numbers so the garnishee can locate funds immediately and return an accurate response to the court.

Service & Return

Attach the affidavit or certificate of service, specify service method used, include the date of service, and provide the garnishee response form to support prompt filing and avoid procedural challenges.

Digital Workflow Settings for Online Completion

When completing the notice online, configure fields and authentication to match court rules and evidence needs.

Field Configuration
Case Number Field Required, single-line text, validation pattern
Monetary Fields Numeric with two decimals, read-only calculations
Garnishee Email Optional, used for electronic service where court permits
Signature Authentication Email link or two-factor authentication for signer identity

Technical Requirements for eSubmission and Signing

Use a platform that creates an audit trail, stores signed copies securely, and exports court-ready PDFs to preserve evidentiary value.

  • Supported Formats: PDF and DOCX preferred
  • Integrations: Google Drive, Microsoft 365, Box
  • Authentication: Email link, SMS code, or stronger

Typical Timeframes and Court Deadlines

Timeframes vary by county and case; confirm local court rules. Typical deadlines govern service, garnishee response, and funds turnover.

Service Deadline:

Serve as soon as possible; local rules set timing

Garnishee Response:

Garnishee typically has a court-ordered response period

Return Filing:

File proof of service and return per clerk requirements

Funds Turnover:

Court schedules turnover or hearing after return review

Appeal Period:

Debtor may contest per local appellate timelines

How Garnishee Notices Differ from Wage Garnishment Forms

Garnishee notices direct third parties with assets; wage garnishments impose withholding on payroll. The table compares key functional differences.

Criteria Garnishee Notice Wage Garnishment
Primary Target third party holding funds employer payroll
Typical Use bank accounts, property ongoing wage withholding
Response Required yes — report and remit yes — withhold wages
Exemption Rules account-specific rules payroll-exemption statutory

eSignature Vendor Comparison for Filing Garnishee Notices

Platform choice affects eSign cost, compliance, and envelope limits. The table lists common pricing and capability differences for vendor selection.

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 Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical Examples of Garnishee Use Cases

Two concise scenarios illustrate common paths from judgment to asset recovery using standard garnishee procedures.

Bank Account Garnishment

A creditor confirms a $12,450 judgment and serves a garnishee notice to a bank to freeze available balances.

  • The bank searches accounts by name and returns balances within 14 days.
  • After court review, funds are released to the creditor less allowable exemptions and fees; documentation of service and the bank response remain in the court file.

Wage Garnishment

Following a final judgment, the creditor serves the employer with a garnishee order and required withholding schedule.

  • Payroll deducts a statutory portion and remits to the clerk.
  • The court receives periodic remittances until the judgment is satisfied or modified through debtor motion or settlement.

Practical Tips for Accurate and Efficient Completion

Follow these best practices to reduce processing delays and legal exposure when preparing garnishee notices.

Verify Party Names
Confirm legal names via government ID or business registration. Matching names prevents failed service and subsequent motions to quash.
Attach Clear Judgment Proof
Include certified judgment copies or clerk-stamped documents. Courts and garnishees rely on clear evidence to accept and act on the notice.
Track Service Carefully
Secure proof of service with dates and server affidavit. Timely and documented service protects against claims of improper notice.
Use Audit-Ready eSign
Where permitted, use platforms that capture signer identity, IP, and timestamps to create court-admissible evidence without compromising data security.

Frequently Asked Questions About Garnishee Notices

Common questions address validity, service, contesting garnishments, and electronic filing permissibility in Hawaii.


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