Hawaii Revised Statutes
651. Attachment and Execution
651-2 Writ; issued when.

§651-2 Writ; issued when. The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, which is not exempt from execution, attached in the manner hereinafter prescribed, as security for the satisfaction of any judgment that the plaintiff may recover, but no writ of attachment shall be issued:
(1) Against the State, or any political municipal corporation, or subdivision thereof; or
(2) In circumstances where garnishment is authorized under chapter 652. [L 1905, c 84, §2; am L 1909, c 60, §1; RL 1925, §2806; RL 1935, §4191; RL 1945, §10142; RL 1955, §233-2; HRS §651-2; am L 1977, c 33, §1; gen ch 1985; am L 2016, c 55, §30]
Cross References
Exemptions from execution, see part III of this chapter.
Case Notes
Attachment available only where contract at issue also establishes a debtor-creditor relationship for payment of money. 485 F. Supp. 1015 (1980).
Does not prohibit garnishment against municipal corporations. 23 H. 564, 570 (1916).
Seizure of automobile under writ of attachment. 38 H. 279, 298 (1949).
Cited: 26 H. 342, 346 (1922).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 36. Civil Remedies and Defenses and Special Proceedings

651. Attachment and Execution

651-1 General provisions.

651-2 Writ; issued when.

651-3 Affidavit.

651-4 Bond; amount and conditions.

651-5 Additional security.

651-6 Action on bond.

651-7 Writ; how issued.

651-8 Amount levied on.

651-9 Writ; how executed.

651-10 Indemnity for police officer.

651-11 Execution in order of receipt.

651-12 Examination of defendant; where no property known.

651-13 Attached property; sale of.

651-14 Appointment of receiver.

651-15 Officer's return; how made.

651-16 Discharge of writ.

651-17 Discharge by bond of defendant.

651-18 Discharge of writ when improperly issued.

651-19 Recording discharge.

651-20 Judgment satisfied out of attached property.

651-21 Deficiency.

651-31 Time of issuance.

651-32 Execution, district court; form.

651-32.1 REPEALED.

651-33 Bond for expenses on execution.

651-34 Time within which execution shall be returnable.

651-35 When property in circuit insufficient.

651-36 Execution, courts of record; form.

651-37 Address, signature.

651-38 Alias writs.

651-39 Available in all circuits.

651-40 Stay by judge; effect.

651-41 Priority in levying.

651-42 How levy made, inventory.

651-43 Advertisement for sale.

651-44 Sale; proceeds; return.

651-45 Postponement of sale.

651-46 Deeds, etc.

651-47 Levy on and execution sale of investment securities; garnishment the proper procedure when the security is subject to right of possession of third party.

651-48 Same, penalty.

651-49 Only defendant's interest sold.

651-50 Liability for exceeding powers.

651-51 Indemnity bond.

651-52 Indemnity, how collected.

651-61 Exemption, how claimed.

651-62 Indemnity bond if exemption claimed.

651-63 Liability for selling exempt property.

651-64 Seizure of exempt property.

651-65 to 651-67 REPEALED.

651-68 Proceedings on execution; appraisers; expiration of lien, result.

651-69 Application form contents.

651-70 Service of petition and notice of hearing; effects of failure to serve; appointment of appraisers.

651-91 Definitions.

651-92 Real property exempt.

651-93 Effect of separation, divorce, reconciliation.

651-94 Proceedings where real property can be divided without material injury.

651-95 Sale where real property cannot be divided; application of proceeds.

651-96 After sale, money equal to real property exemption protected.

651-121 Certain personal property and insurance thereon, exempt.

651-122 Personal property not exempt.

651-123 Application of proceeds of sale.

651-124 Pension money exempt.