§634-29  In case of attachment, etc., of real property.  In all cases of attachment, sequestration, or injunction of real property, the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11 serving the writ shall, in addition to personal delivery of a copy thereof to the defendant, post upon the premises a copy of the process, and a notice of the day and hour when attached, sequestrated, or enjoined, and shall also give notice thereof in a newspaper or newspapers suitable for the advertisement of judicial proceedings.  But in all cases where a writ of attachment is issued in accordance with chapter 651 relating to attachments, and the defendant in attachment was never a resident of the State or has departed from the State or secretes oneself so that the writ of attachment cannot be personally served upon the defendant, personal service of the writ upon the defendant may be dispensed with.  All after-leases, mortgages, sales, devises, assignments, trusts, or other conveyances of the property, until the dissolution of the process, shall be void in law as against the plaintiff in such cases. [CC 1859, §1124; am L 1903, c 5, §1; am imp L 1917, c 67, §1; RL 1925, §2348; RL 1935, §4084; RL 1945, §10066; RL 1955, §230-37; HRS §634-64; ren HRS §634-29; gen ch 1985; am L 2013, c 116, §§11, 25(10); am L 2015, c 101, §4; am L 2021, c 41, §11; 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.

Rules of Court

  See HRCP rules 4(e), (f), 64, 65; DCRCP rule 64.

  Proof of publication, see RCC rule 11.

Case Notes

  Execution must be postponed to the lien of a prior attachment.  6 H. 564 (1885).

  Compliance with statute while essential to completion of a title under the lien established by the levy of attachment constitutes no part of the levy itself.  26 H. 342 (1922).

  Section is in pari materia with §§651-44 and 651-49 and a mortgage made subsequent to attachment is void as against attaching creditor.  51 H. 164, 454 P.2d 116 (1969).

  Valid attachment is dissolved only if defendant puts up bond or recovers judgment, or action is discontinued or dismissed.  51 H. 164, 454 P.2d 116 (1969).