§653-11 Answer; amount sequestered.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§653-11 Answer; amount sequestered. It shall not be incumbent upon the garnishee to appear in any court or file any answer to the process, but the trial of the action may proceed, in all respects, as though the garnishee had not been included in the action. But from the time of the service of the copy on the garnishee, the garnishee shall withhold from the salary, stipend, or wages, which is then or shall thereafter become due, owing or payable to the beneficiary named in the copy as follows:

Five per cent of the first $100 per month, ten per cent of the next $100 per month, and twenty per cent of all sums in excess of $200 per month, or an equivalent portion of the above amount per week.

The garnishee shall continue to withhold such amount or amounts until the action against the beneficiary has been withdrawn or dismissed, or the judgment against the beneficiary therein, if any, has been fully paid, with legal interest; either of which event shall be certified by the court in or before which the action has been pending. The amount or amounts so withheld shall be deemed sequestered in the treasury of the State, or the political or municipal subdivisions thereof from the time of the service of the copy on the garnishee; provided that no more shall be thus sequestered in advance of final judgment than shall be sufficient to meet the demand of the plaintiff in the action.

It shall be unlawful for the garnishee to draw, sign, or issue or permit or cause to be drawn, signed, or issued any warrant payable to the order of the beneficiary or to any other person designated by the beneficiary for the amount or amounts so sequestered. [L 1890, c 50, §8; am L 1903, c 53, §4; am L 1921, c 66, §1; RL 1925, §2855; am L 1933, c 171, §1; RL 1935, §4300; am L 1939, c 212, §3; RL 1945, §10331; RL 1955, §238-11; am L 1959, c 65, §7; HRS §653-11; gen ch 1985]

Cross References

Federal restrictions on garnishment, see Pub. L. 90-321, Title III (15 U.S.C. §1671 et seq.).

Case Notes

Applies equally to all employees and officials of legislative, judicial, or executive departments. 19 H. 428 (1909).

General scheme of §657-5 and this section is to terminate a judgment when judgment is actually paid or presumed to be paid as a matter of law. 82 H. 197, 921 P.2d 117 (1996).

Cited: 10 H. 260, 261 (1896); 24 H. 16, 17 (1917).