§652-8 Execution, when.

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§652-8 Execution, when. If the garnishee fails to appear upon the day and hour of hearing named in the summons or writ above mentioned, or if having appeared, the garnishee refuses to disclose upon oath whether the garnishee has goods or effects of the defendant debtor in the garnishee's hands, and their nature and value, or whether a debt is due from the garnishee to the defendant debtor and its amount, or whether the garnishee has any moneys of the defendant debtor in the garnishee's possession for safekeeping, and the amount thereof, the case shall proceed to trial.

If the plaintiff recovers a judgment, execution shall issue at the plaintiff's request, against the estate of the contumacious garnishee for the amount of judgment as the garnishee's own proper debt, and the lawful costs; provided that if it appears that the goods and effects are of less value, the debt of less amount and the moneys in safekeeping of less amount than the judgment recovered against the defendant debtor, judgment shall be rendered against the garnishee to the value of the goods or the amount of the debt or the amount of the moneys in safekeeping, and if it appears that the garnishee has no goods or effects of the defendant debtor in the garnishee's hands, or is not indebted to the defendant debtor, or has no moneys in the garnishee's possession for safekeeping, then the garnishee shall recover the garnishee's lawful costs.

However, if the garnishee appears and on oath discloses fully whether the garnishee has in the garnishee's hands the goods or effects of the defendant debtor, or is indebted to the defendant debtor or has in the garnishee's possession moneys of the defendant debtor for safekeeping, and it appears to the court that the garnishee has no goods or effects of the defendant debtor, or is not so indebted, or has no moneys of the defendant debtor for safekeeping, then judgment shall be given for the garnishee, and the garnishee shall recover the garnishee's lawful costs. [L 1876, c 35, §3;

RL 1925, §2833; am L 1925, c 262, §4; RL 1935, §4277; RL 1945, §10308; RL 1955, §237-8; am L 1959, c 65, §4; HRS §652-8; am L 2016, c 55, §33]

Case Notes

One who is served with garnishee process, fails to appear to discharge oneself acts at one's peril. 7 H. 72 (1887).

Garnishee is not required to make written answer and may appear at trial or any time before trial. 15 H. 645, 646 (1904).

Garnishee entitled to notice of subsequent proceeding affecting garnishee's rights. 22 H. 723, 729 (1915).

Status not affected by failure to tender fees and expenses. 22 H. 723, 727 (1915).

After entry of judgment, plaintiff cannot require garnishee to appear and be examined as to written disclosures filed prior to trial. 27 H. 749 (1924).

Cited: 131 F. Supp. 866, 870 (1955); 14 H. 295, 299 (1902); 19 H. 83, 87 (1908); 22 H. 321, 326 (1914).