§634-12  Sale of property seized on execution, when.  When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of law enforcement's list under section 353C-11 under process of any court, and some third person claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to the goods and chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to the payment of the whole or part of the secured debt or otherwise as it or the judge shall think fit; and may direct the application of the proceeds of sale in such manner and upon such terms as to the court or judge may seem just. [L 1876, c 33, §7; RL 1925, §2874; RL 1935, §4063; RL 1945, §10045; RL 1955, §230-15; am L 1963, c 85, §3; HRS §634-45; ren HRS §634-12; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §7; am L 2013, c 116, §§9, 25(8); am L 2015, c 101, §4; am L 2021, c 41, §9; am L 2022, c 278, §17]

Note

  The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.

Case Notes

  Did not apply to district courts under prior law.  6 H. 254 (1879).

  Claimant of goods seized by sheriff on execution not authorized to apply for order of interpleader.  13 H. 88 (1900).