§651-64  Seizure of exempt property.  [(a)]  Any defendant who claims that exempt property has been levied upon or seized may, with or without the giving of bond, apply to the court which issued the process for the release and return of the property.  Upon the giving of bond in such sum and with such sureties as may be approved by the court, payable to the plaintiff in the attachment or execution and conditioned to have the property forthcoming to abide the court's determination of whether such property is exempt or for its value, and for the payment of costs, the court may order the property released and returned to the defendant forthwith.  In such case the officer shall deliver the property to the defendant, and return the attachment or execution to the court whence it issued.

     [(b)]  If it shall be found that the property is liable to attachment or execution, the same not being exempt, the plaintiff shall have judgment against the defendant and the defendant's sureties on the bond for the value of the property and the costs of the proceeding including an attorney's fee, or for such costs and the reinstitution of the levy as of the date it was made, as the court shall order.  But if it is found that the property is exempt, the defendant shall recover the defendant's property, damages, and costs including an attorney's fee to be fixed by the court. [L 1901, c 9, §14; RL 1925, §2458; RL 1935, §4159; RL 1945, §10186; RL 1955, §233-63; HRS §651-64; am L 1978, c 46, §3; gen ch 1985]

Case Notes

  See analogy to tax exemption, must be clearly stated in statute.  8 F.2d 845 (1925).

  In action of replevin to recover goods seized, plaintiff is bound to show plaintiff is a person protected by statute.  22 H. 136 (1914).