Hawaii Revised Statutes
634. Civil Actions and Proceedings, Generally
634-12 Sale of property seized on execution, when.

§634-12 Sale of property seized on execution, when. When goods or chattels have been seized in execution by the sheriff, deputy sheriff, a police officer, or an independent civil process server from the department of public safety's list under section 353C-11 under process of any court, and some third person claims to be entitled under a bill of sale, chattel mortgage, or otherwise, to the goods and chattels by way of security for a debt, the court or a judge may order a sale of the whole or part thereof, upon such terms as to the payment of the whole or part of the secured debt or otherwise as it or the judge shall think fit; and may direct the application of the proceeds of sale in such manner and upon such terms as to the court or judge may seem just. [L 1876, c 33, §7; RL 1925, §2874; RL 1935, §4063; RL 1945, §10045; RL 1955, §230-15; am L 1963, c 85, §3; HRS §634-45; ren HRS §634-12; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §7; am L 2013, c 116, § §9, 25(8); am L 2015, c 101, §4; am L 2021, c 41, §9]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
Case Notes
Did not apply to district courts under prior law. 6 H. 254 (1879).
Claimant of goods seized by sheriff on execution not authorized to apply for order of interpleader. 13 H. 88 (1900).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 34. Pleadings and Procedure

634. Civil Actions and Proceedings, Generally

634-1 Assignee; nonnegotiable chose.

634-2 Joint contractual obligations.

634-3 Actions against persons by firm name.

634-11 Interpleader; application for order by sheriff, deputy sheriff, police officer, or independent civil process server.

634-12 Sale of property seized on execution, when.

634-13 Questions of law; submission to supreme court.

634-21 Service of process, by whom.

634-21.5 Service of process within a condominium, cooperative housing, or planned community.

634-22 Return.

634-23 Joinder of unknown persons; service when defendant unknown or absent.

634-24 Service outside the State or by registered mail.

634-25 Personal service on resident outside the State.

634-26 Form of published notice.

634-27 Substituted service of summons in attachment cases.

634-28 Form of judgment.

634-29 In case of attachment, etc., of real property.

634-29.5 Service in cases involving real property.

634-30 Organizations and associations, service of process on; judgment.

634-31 Same; nonresidents; service.

634-32 Other laws not affected.

634-33 Service in cases of operation of motor vehicles.

634-34 Service on boat operators.

634-35 Acts submitting to jurisdiction.

634-36 Manner of service under sections 634-33 to 35.

634-37 Presumption of notice and service of process in child support cases.

634-38 Manner of service within the State; assumpsit.

634-51 Recording of notice of pendency of action.

634-61 Death or dissolution of plaintiff or defendant.

634-71 Anonymous filings.