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Motion for Issuance of Garnishee Summons

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

Form #5DC29

IN THE DISTRICT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAIʻI


Reserved for Court Use





(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 Non Conclusory Declaration on the page 2 must be completed.

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.

RG-AC-508 (1/18)

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

GARNMIGS 5D-P-201

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 UNDER THE LAWS OF THE STATE OF HAWAI'I 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 Debitor(s) in the sum of the Judgment Amount Due stated;
  3. There is still due and owing the sum of as shown in the copy of the Judgment attached as Exhibit A or
  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) in indebted to Judgment Debitor(s) or in holding moneys or goods or effects of Judgment Debitor(s) for safekeeping, or is paying to Judgment Debitor(s) salaries, stipends, commissions, wages, annuities or net income or portions of net income under a trust.

NON CONCLUSORY DECLARATION

1. Based on the following information, the funds sought to be garnished are not traceable to Aid to Families with Dependent Children (AFDC) grant nor are the funds traceable to funds that would be exempt from garnishment under the provisions of Federal and State laws as the judgment debtor does not receive.

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

  • (Attach continuation page, if necessary).

I have read this Response, 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 HAWAI'I THAT THE ABOVE IS TRUE AND CORRECT.

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.

GARNMIGS (8/08) 5D-P-201

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What the Motion for Issuance of Garnishee Summons Does

A Motion for Issuance of Garnishee Summons is a court filing a judgment creditor uses to ask the court to direct a third party (the garnishee) to surrender funds or property due to a judgment debtor. The motion identifies the judgment, names the garnishee, describes the assets or obligations to be intercepted, and asks the clerk or judge to issue a garnishee summons or writ. It is a procedural device used after entry of judgment to secure payment and typically requires filing, service, and proof of service under local civil rules.

Why this Motion Matters for Collecting a Civil Judgment

The motion enables enforcement of a money judgment by targeting third-party holders of debtor assets or payables, converting a paper judgment into recoverable funds. It provides a court-authorized path to attach wages, bank accounts, contract proceeds, or other obligations, while creating a record that protects the creditor’s rights under applicable procedure rules.

Why this Motion Matters for Collecting a Civil Judgment

Who Typically Prepares and Files This Motion

The Motion for Issuance of Garnishee Summons is usually prepared by parties directly involved in judgment enforcement, often with attorney assistance.

  • Judgment creditors seeking to collect money from a debtor's third-party payor or account.
  • Civil litigators and collections attorneys who handle statutory garnishment procedures.
  • Court clerks or self-represented litigants following local rules for post-judgment relief.

Choose counsel or court resources based on complexity: commercial debt matters often require legal counsel; simple wage or bank garnishments may use standard forms.

Representative Signers and Their Roles

Creditor Attorney

An attorney for the judgment creditor prepares and signs the motion, certifies factual assertions, and handles service and return; they must follow local civil procedure and may appear at hearings to enforce the summons.

Self-Represented Creditor

A party without counsel can file the motion pro se using court forms or templates, but must comply with formatting, filing fees, service requirements, and may face stricter procedural scrutiny.

Step-by-Step: Preparing and Submitting the Motion

Follow a clear order: prepare the motion, file with the clerk, serve the garnishee, and return proof to the court.

  • 01
    Draft Motion: Assemble caption, judgment details, garnishee information, and relief requested.
  • 02
    File with Court: Submit filing pursuant to local rules and pay applicable court fee.
  • 03
    Serve Garnishee: Use authorized method (process server or sheriff) and include the summons document.
  • 04
    File Return: File proof of service and any garnishee responses or objections.

How the Garnishee Summons Process Typically Flows

A concise workflow shows who acts and when: motion filed, summons issued, garnishee served, garnishee responds or pays.

  • Motion Filed: Court accepts motion and prepares summons for issuance.
  • Summons Issued: Clerk signs or stamps the garnishee summons for service.
  • Service Executed: Authorized server delivers summons and proof is returned.
  • Enforcement / Return: Garnishee returns funds or files an answer; court enforces accordingly.

Essential Components of a Professional Motion for Issuance of Garnishee Summons

A complete motion presents factual support, precise garnishee identification, and proper procedural statements so the court can issue enforceable process.

Caption

Full court caption with parties and case number, matching the original judgment and docket records to avoid clerical rejection.

Judgment Recital

Clear citation of the judgment date, amount, docket entry number, and any post-judgment interest calculation supporting the enforcement amount.

Garnishee Identification

Legal name, business address, account identifiers if available, and a concise statement of why the garnishee holds debtor property or obligations.

Legal Basis

Cite the statute or rule authorizing garnishment in your jurisdiction and explain why the garnishee qualifies under that authority.

Relief Sought

Specific monetary amount or described asset to be attached, and any limits or exemptions the law recognizes for the debtor.

Attachments

Include the underlying judgment, docket entry, affidavit of indebtedness, and any prior notices required before garnishment.

Recommended Digital Workflow Settings for the Motion

Set up a repeatable template and secure signing flow to reduce errors and track service steps.

Field Configuration
Signer Authentication Email plus SMS code recommended for signer validation
Document Template Save motion as a template with fillable fields
Service Method Record process server or sheriff details for proof
Proof of Service Attach affidavit or return of service as scanned PDF

Digital Filing and Technical Requirements

Confirm court e-filing specifications, supported file formats, and signer authentication options before submitting materials.

  • File Formats: PDF and DOCX are widely accepted
  • Authentication: Email link plus optional SMS code
  • Integrations: Link with cloud storage or case management

For records integrity use tamper-evident PDFs and retain signed certificates and proof of service in your case file or matter management system.

Supporting Documents and Export Options

Attach core documents with the motion and keep editable copies for updates; export signed records in secure formats for court and client files.

Judgment Copy

Attach the certified or docketed judgment PDF to prove entitlement to garnishment and provide page references in the motion.

Affidavit of Indebtedness

Include an affidavit summarizing the balance, interest calculation, and date of default supporting the requested garnishment amount.

Proof of Service

Scan and attach the return of service or process server affidavit after completion; courts treat originals per local rule.

Export Formats

Save executed documents as tamper-evident PDF/A with an audit trail and a separate signed certificate for records.

Penalties and Risks of an Incorrect or Incomplete Motion

Service Defect: Motion may be quashed
Wrongful Garnishment: Potential damages to garnishee or debtor
Contempt Exposure: Failure to comply risks court sanctions
Costs and Fees: Court may award costs against filer
Delay in Recovery: Errors extend collection timelines
Ethics Risk: Misstated facts can trigger discipline

Common Mistakes to Avoid When Preparing the Motion

  • Using an incorrect case caption or wrong case number, which commonly leads to clerk rejection and unnecessary delay in issuance.
  • Failing to identify the correct garnishee or account information, producing returns of non-service or ineffective garnishment attempts.
  • Neglecting to include required attachments such as the judgment copy or affidavit of indebtedness, which may result in denial or request for cure.
  • Skipping proof of service requirements or filing a defective affidavit, which can nullify the garnishment and expose the creditor to costs.

Practical Tips for Accurate, Efficient Motion Filing

Adopt standardized templates, verify names and amounts, and document each procedural step to reduce rejections and enforce orders reliably.

Verify Party Names and Docket
Cross-check names, aliases, and case numbers against the court docket before filing; small errors cause processing delays and may require amended motions.
Use Clear Monetary Statements
Provide exact amounts due, list interest calculations if applicable, and state the date through which sums are computed to avoid ambiguity in enforcement.
Document Service Carefully
Retain signed returns and chain-of-service documentation from the process server or sheriff to support enforcement and respond to garnishee objections.
Maintain an Audit Trail
Keep copies of filed documents, signed certificates, and any electronic audit logs to demonstrate compliance with court orders and e-signature validation requirements.

Illustrative Use Cases for the Motion for Issuance of Garnishee Summons

Two common scenarios show how the motion is used in practice by creditors pursuing enforcement of money judgments.

Small Business Creditor

A vendor obtains a money judgment against a customer for unpaid invoices.

  • The vendor identifies a payment processor holding receivables.
  • The motion seeks garnishment of receivables; attachments include the judgment, invoice ledger, and an affidavit of indebtedness to support the garnishee claim.

Commercial Landlord

A landlord gets a judgment for unpaid rent against a tenant.

  • The landlord learns the tenant receives vendor payments.
  • The filed motion names the vendor as garnishee, requests issuance of a garnishee summons, and attaches lease and judgment documentation.

eSignature Platform Pricing and Key Features for Executing the Motion

When choosing an e-signature tool for preparing and executing court filings, compare starting price, trial availability, bulk send, audit trails, and HIPAA compliance across vendors.

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 Yes, 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

Common Questions: Validity, Service, and Electronic Execution

Answers address enforceability, electronic signing, service, and corrective steps when issues arise during garnishment proceedings.


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