Can this motion be signed electronically?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but many courts have specific e-filing and signature rules; verify with the local court clerk before relying on an electronic signature for filing.

Do courts accept scanned signatures?

Some courts accept scanned or typed signatures if local rules permit electronic filing; other courts require original signed filings or specific e-filing portal authentication — confirm the court's civil procedure or e-filing guidance.

What must a garnishee include in its response?

A garnishee response should state whether it holds property or funds of the debtor, identify amounts, and include supporting records; inaccurate or false responses can create exposure to sanctions or contempt.

How is the garnishee served properly?

Service methods depend on jurisdiction and may include personal service, statutory agents, or court-authorized electronic service; file proof of service in the court record to preserve the proceeding.

What happens at the show-cause hearing?

The court reviews evidence, hears creditor and garnishee arguments, and may order turnover, schedule further discovery, or dismiss the motion based on insufficiency of proof.

If the garnishee contests, what next?

Contested matters may proceed to discovery, evidentiary hearing, or summary disposition depending on issues raised; seek counsel to respond to garnishee defenses and preserve enforcement rights.

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Motion for Order to Show Cause on Garnishee

Motion for Order to Show Cause on Garnishee

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GARNISHEE DISCLOSURE

Form #5DC26

IN THE DISTRICT COURT OF THE FIFTH CIRCUIT

STATE OF HAWAI'I

Plaintiff(s)

Defendant(s)

Garnishee/Garnishee's Attorney (Name, Attorney Number, Firm Name (if applicable), Address, Telephone and Facsimile Numbers)

Reserved for Court Use

Civil No.

Court Date:

Judgment Creditor(s)/Judgment Creditor(s)/ Attorney

Garnishee's Name and Address:

Judgment Debtor(s):

GARNISHEE DISCLOSURE

Garnishee above named, and in response to Garnishee Summons served on it, discloses that at the time of service of Garnishee Summons:

1. Garnishee DID NOT have any goods of effects of Judgment Debtor(s) in its hands, Garnishee was not indebted to Judgment Debtor(s). Garnishee did not have any monies of Judgment Debtor(s) in its possession for safekeeping, or Judgment Debtor(s) did not owe any wages (including any salary, Stipend, commissions, annuity or net income or portion of net income under a trust) or was not in receipt of any wages from Garnishee except as follows:

2. Garnishee DID have goods or effects of Judgment Debtor(s) in its hands, Garnishee was indebted to Judgment Debtor(s), Garnishee did have monies of Judgment Debtor(s) in its possession for safekeeping, or Judgment Debtor(s) did owe wages or was in receipt of wages (including any salary, stipend, commissions, annuity or net income or portion of net income under a trust) from Garnishee except as follows:

I have read this Disclosure, know the contents and verify that the statements are true to my personal knowledge and belief. I

DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF HAWAII THAT THE ABOVE IS TRUE AND CORRECT.

Mail to 3970 Kāʻana Street, DC Civil, Suite 207, Līhu'e, HI 96766

✉

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.

Signature of Garnishee/Garnishee's Attorney:

Date:

Print/Type Name and Title/Relationship to Garnishee:

REPROGRAPHICS (05/08) RevaComm 508 Certified

GARNDISC 5D-P-188

What the Motion for Order to Show Cause on Garnishee Is

A Motion for Order to Show Cause on Garnishee is a post-judgment court filing used by a judgment creditor to require a third party (the garnishee) who holds funds or property of the judgment debtor to appear and explain why those assets should not be turned over to satisfy the judgment. The motion typically requests a show-cause hearing, service on the garnishee, and an order directing payment or turnover if the court finds the garnishee holds collectible assets for the debtor.

Why this Motion Matters

It provides a focused court process to identify funds or assets held by a third party and creates a formal opportunity to secure turnover orders that enforce a final judgment.

Who typically files and responds

Law firms, in-house legal teams, judgment creditors, and court clerks commonly prepare or process these motions.

Judgment Creditors and Counsel — Pursue collection after entry of judgment and seek garnishment remedies.
Garnishees (Third Parties) — Businesses or banks served must respond truthfully about held assets.
Court Administrators and Sheriffs — Handle service, courtroom scheduling, and execution of turnover orders.

Roles vary by jurisdiction; local civil procedure and docketing practices determine specific responsibilities and timelines.

Step-by-step: Preparing and Filing the Motion

A concise sequential checklist helps ensure accuracy, service, and enforceability when pursuing garnishee relief.

01

Draft Motion: State the judgment, identify garnishee, and request show-cause hearing.
02

Attach Evidence: Include judgment, levy attempts, and proof of debtor identity.
03

File with Court: Follow local civil rules for filing and proposed order format.
04

Serve Garnishee: Complete service per local rules and record proof of service.

Configuring an online workflow for this motion

Map filing, signature, and service steps into a digital workflow to reduce manual handling and track completion.

Authentication	Email + SMS code for signer verification
Field Types	Required text, date, and checkbox fields
Routing Order	Credentialed attorney → paralegal → clerk
Document Formats	PDF or DOCX per court e-filing rules
Audit Trail	Keep timestamps, IP, and signer events

From draft to enforcement: process overview

A simple four-step flow clarifies responsibilities from filing through potential turnover or contempt proceedings.

File Motion: Submit to court per local e-filing or clerk procedures.
Serve Garnishee: Deliver motion and proposed order using approved service method.
Show-Cause Hearing: Judge hears arguments and reviews garnishee responses.
Enforcement: Court may order turnover, contempt, or dismissal.

Digital signing and e-filing considerations

Confirm the court accepts electronic filings and whether electronic signatures are permitted on motion papers.

Court Rules: Local e-filing and signature policies vary.
Signature Type: Some courts accept typed signatures; others require scanned originals.
Record Retention: Maintain reproducible, tamper-evident copies.

When in doubt, follow local court clerk guidance; retain proof of submission and any electronic audit trail for the record.

Typical timings and hearing deadlines to expect

Timing is governed by local civil rules; confirm specific limits with the court clerk before setting hearing dates.

Notice Period:

Often 7–30 days before hearing; follow local rule.

Response Time:

Garnishee may have a short response window, commonly 7–14 days.

Hearing Scheduling:

Clerk availability can add several weeks to scheduling.

Execution Deadline:

Turnover orders often require prompt compliance once entered.

Record Retention:

Keep filings and proofs until judgment satisfied and retention period lapses.

Key milestones from filing to enforcement

A numbered sequence highlights actionable milestones and typical judicial steps in garnishee proceedings.

01

File Motion

Prepare motion, evidence, and proposed order for court filing.

02

Service Complete

Serve garnishee and file proof of service with the court.

03

Show-Cause Hearing

Attend hearing; court evaluates garnishee responses and facts.

04

Order Enforcement

Court issues turnover, contempt, or alternative remedy.

Common penalties and legal risks to avoid

Contempt Risk: Failure to obey a turnover order can trigger contempt sanctions.

Sanctions: Frivolous filings risk attorney fees and court sanctions.

Wrongful Attachment: Seizing non-debtor property can create tort liability.

Service Defects: Improper service may void proceedings.

Perjury Exposure: False statements by any party may have criminal consequences.

Delay Costs: Errors prolong collection and increase expenses.

Security and compliance for electronic copies

In-transit Encryption: TLS 1.2/1.3

At-rest Encryption: AES-256

Audit Trail: Timestamps, IP addresses, and action logs

HIPAA Support: BAA available where required

Standards: SOC 2 Type II and ISO 27001

eSignature Law: Complies with ESIGN and UETA

How this motion compares with a writ of garnishment

This table contrasts purpose, filing, and service features to help distinguish common post-judgment collection tools.

Criteria	Motion for Order to Show Cause	Writ of Garnishment
Primary Purpose	compel garnishee appearance	direct seizure or attachment
Court Filing Required
Service Required	yes, on garnishee	yes, on garnishee and sheriff
Typical Timing	hearing-based schedule	execution-focused timing

eSignature vendor pricing and features relevant to court motions

Basic pricing and feature availability for common eSignature vendors; confirm plan specifics directly with each vendor before purchase.

	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
Envelope Cap	No cap	100 envelopes/user/year limit	Varies by plan	Varies by plan	Varies by plan

Practical tips for accurate and efficient completion

Follow these quality controls to reduce rejection, delay, or exposure to liability during garnishee proceedings.

Verify Names and Numbers

Cross-check court case number, party names, and garnishee account identifiers against judgment and bank records before filing.

Confirm Service Rules

Use the court's required service method and file proof immediately to preserve hearing dates and objections.

Attach Clear Evidence

Include the judgment, any prior levy attempts, and documentation linking the debtor to the garnishee account.

Document the Audit Trail

If using electronic signatures, retain audit logs showing signer intent, timestamps, and authentication events.

Real-world examples of digitized legal workflows

Organizations across sectors report improved compliance and speed after adopting secure electronic workflows for legal filings.

Optica Ventures LLC

Optica moved routine legal forms online to reduce turnaround time.

The interface proved simple and easy-to-use for staff.
The change allowed the team to process court-related forms efficiently while keeping accurate audit trails for each filing.

BIS

BIS prioritized certified controls for assurance in legal workflows.

We felt most comfortable with airSlate SignNow given their SOC 2 certification and strict focus on ESIGN and UETA act compliance.
That assurance supported internal approvals and external court-related submissions with documented security controls.

Frequently asked questions

Answers to common questions about form validity, service, and digital submission for the Motion for Order to Show Cause on Garnishee.

Need help? Contact support

Can this motion be signed electronically?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but many courts have specific e-filing and signature rules; verify with the local court clerk before relying on an electronic signature for filing.
Do courts accept scanned signatures?
Some courts accept scanned or typed signatures if local rules permit electronic filing; other courts require original signed filings or specific e-filing portal authentication — confirm the court's civil procedure or e-filing guidance.
What must a garnishee include in its response?
A garnishee response should state whether it holds property or funds of the debtor, identify amounts, and include supporting records; inaccurate or false responses can create exposure to sanctions or contempt.
How is the garnishee served properly?
Service methods depend on jurisdiction and may include personal service, statutory agents, or court-authorized electronic service; file proof of service in the court record to preserve the proceeding.
What happens at the show-cause hearing?
The court reviews evidence, hears creditor and garnishee arguments, and may order turnover, schedule further discovery, or dismiss the motion based on insufficiency of proof.
If the garnishee contests, what next?
Contested matters may proceed to discovery, evidentiary hearing, or summary disposition depending on issues raised; seek counsel to respond to garnishee defenses and preserve enforcement rights.

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