§651-3  Affidavit.  The writ of
attachment shall be issued by the clerk of the court in which the action is
pending.  Before any writ of attachment shall issue, the plaintiff, or someone
in the plaintiff's behalf, shall make and file with the clerk an affidavit
showing that the defendant is indebted to the plaintiff, specifying the amount
of the indebtedness over and above all just credits and offsets, and that the
attachment is not sought and the action is not prosecuted to hinder, delay, or
defraud any creditor of the defendant. [L 1905, c 84, §3; am L 1909, c 60, §2;
RL 1925, §2807; RL 1935, §4192; RL 1945, §10143; RL 1955, §233-3; HRS §651-3;
gen ch 1985]



 



Case Notes



 



  Attachment available only where contract at issue also
establishes a debtor-creditor relationship for payment of money.  485 F. Supp.
1015.



  Must show on its face that indebtedness specified is over and
above all just credits and offsets.  21 H. 167.



  Affidavit need not state that indebtedness is upon contract. 
23 H. 702, 703.