Report Title:

Garnishment; Fees and Costs

 

Description:

Repeals allowances to garnishees for fees and costs in garnishment cases.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1001

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to garnishment.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 652-13, Hawaii Revised Statutes, is repealed.

["§652-13 Fees and costs. Every garnishee shall be allowed $10 in cases in the circuit courts and $10 in cases in the district courts for filing a return on or before the return day or for appearance on the return day, as the case may be, and, in special or exceptional cases in which the court may deem it proper, such further sums as the court may deem reasonable for counsel fees and other necessary expenses. The allowance for return or appearance of the garnishee shall be deposited with the clerk of the court in order to hold the garnishee and shall be paid to the garnishee when the garnishee makes the garnishee's return and files the same in court or when the garnishee makes the garnishee's appearance in court. If the garnishee fails to make and file a return or to make the garnishee's appearance in court the garnishee shall thereby forfeit the garnishee fees provided in this section. The garnishee, if discharged, may collect from the plaintiff on execution any unpaid allowances or, if held, may retain the same out of the goods, effects, or credits of the defendant in the garnishee's hands.

As between the plaintiff and defendant, if the garnishee is discharged, the costs of the garnishment proceeding shall be taxed against the plaintiff; but, if the garnishee is held, such costs and all such allowances as have been paid by the plaintiff to the garnishee shall be taxed against the defendant.]"

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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