§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The garnishee shall continue to withhold such amount or amounts until the action against the beneficiary has been withdrawn or dismissed, or the judgment against the beneficiary therein, if any, has been fully paid, with legal interest; either of which event shall be certified by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).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.