§651-33 Bond for expenses on execution. Upon the petition of the sheriff, deputy sheriff, or police officer to whom an execution has been directed, showing that the levy and sale required by the execution will involve unusual expense to the officer and that the officer may be unable to collect such expense from the proceeds of the sale or from the defendant, the judge of the court issuing the execution may upon a hearing of the petition direct the person beneficially interested in the execution to tender to the officer a cash or surety bond in an amount determined as proper by the judge, conditioned that, if the levying officer is unable to collect the levying officer's reasonable charges and expenses from the proceeds of the property levied upon or from the defendant, the person beneficially interested in the execution will pay the same. The petition shall be heard upon citation and order to show cause duly served upon the interested person. In the event the order is not complied with, such officer may decline to levy upon or sell the property of any person against whose property the execution has been issued. [L 1945, c 132, §1; RL 1955, §233-32; am L 1963, c 85, §3; HRS §651-33; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
651-4 Bond; amount and conditions.
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.
651-17 Discharge by bond of defendant.
651-18 Discharge of writ when improperly issued.
651-20 Judgment satisfied out of attached property.
651-32 Execution, district court; form.
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.
651-39 Available in all circuits.
651-42 How levy made, inventory.
651-43 Advertisement for sale.
651-44 Sale; proceeds; return.
651-49 Only defendant's interest sold.
651-50 Liability for exceeding powers.
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.
651-68 Proceedings on execution; appraisers; expiration of lien, result.
651-69 Application form contents.
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.