§651-3  Affidavit.  The writ of attachment shall be issued by the clerk of the court in which the action is pending.  Before any writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall make and file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all just credits and offsets, and that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant. [L 1905, c 84, §3; am L 1909, c 60, §2; RL 1925, §2807; RL 1935, §4192; RL 1945, §10143; RL 1955, §233-3; HRS §651-3; gen ch 1985]

Case Notes

  Attachment available only where contract at issue also establishes a debtor-creditor relationship for payment of money.  485 F. Supp. 1015 (1980).

  Must show on its face that indebtedness specified is over and above all just credits and offsets.  21 H. 167 (1912).

  Affidavit need not state that indebtedness is upon contract.  23 H. 702, 703 (1917).