§653-6  Garnishee summons.  (a)  Any provision to the contrary notwithstanding, no garnishee summons shall be issued before judgment until the creditor upon motion and after hearing has proved to the satisfaction of the court any of the following allegations:

     (1)  That the defendant debtor is not a resident of the State and may depart from the State within six months from the date of filing of the action;

     (2)  That the defendant debtor has departed from the State;

     (3)  That the defendant debtor has left the county of the defendant debtor's residence with intent to avoid service of summons; or

     (4)  That the defendant debtor, although a resident of the State, intends to depart from the State and remain absent therefrom for a period in excess of nine months.

If the ruling of the court is in favor of the creditor on any of the allegations above enumerated before judgment or if the creditor has received judgment in the creditor's favor on the creditor's complaint, the creditor may then request the court issuing the garnishee summons to direct that service of a true and attested copy be made in any of the manners described under section 653-7 upon the comptroller of the State, or of the political or municipal subdivision of the State, or other officer through whom the salary, stipend, or wages of the debtor is sought to be attached, who shall be referred to as the garnishee for purposes of this chapter.

     (b)  In any action brought in the district court by a creditor upon a debtor, the creditor, ten days after judgment rendered in the creditor's favor, in lieu of requesting the issuance of a garnishee summons, may file a certified copy of the judgment and the creditor's affidavit as to the amount due and unpaid on account of the judgment with the comptroller of the State, or of the political or municipal subdivision of the State or other officers through whom the salary, stipend, or wages of the judgment debtor is paid, and upon that filing the comptroller or other officer shall withhold from the wages of the judgment debtor the amounts provided in section 652-1(a) subject to payment in good faith as provided in section 652-1(f) and pay the same to the judgment creditor. [L 1890, c 50, §4; am L 1903, c 53, §3; am L 1921, c 66, §1; RL 1925, §2849; RL 1935, §4295; RL 1945, §10326; RL 1955, §238-6; am L 1959, c 65, §6; am L 1961, c 167, §4; am L 1963, c 85, §3; HRS §653-6; gen ch 1985; am L 1989, c 123, §5 and c 211, §10; am L 1990, c 281, §11; am L 1992, c 82, §3]

Case Notes

  Cited:  33 H. 602, 604 (1935).