§652-2  Garnishee, rights, duties;
collection by levying officer.  The garnishee shall, when summoned before
judgment rendered against his principal, if he desires, be admitted to defend
his principal in the action.



If judgment is rendered in favor of the
plaintiff, and likewise in all cases in which the garnishee is summoned after
judgment, the garnishee fund, or such part thereof as may be sufficient for
that purpose, shall be liable to pay the same.  The plaintiff on praying out
execution shall be entitled to have included in the execution an order
directing the officer serving the same to make demand of the garnishee for the
goods and effects of the defendant secured in his hands, whose duty it will be
to expose the same to be taken on execution, and also to make demand of the
garnishee for the debt or wages secured in his hands or the moneys held by him
for safekeeping, or such part thereof as may satisfy the judgment.  It shall be
the duty of the garnishee to pay the same.  If the garnishee has in any manner
disposed of the goods and effects or does not expose and subject the same to be
taken on execution, or if the garnishee does not pay to the officer, when
demanded, the debt or wages or moneys held for safekeeping, the garnishee shall
be liable to satisfy the judgment out of his own estate, as his own proper
debt, if the goods or effects or debt or wages or moneys held for safekeeping,
be of sufficient value or amount and, if not, then to the value of the same;
provided that every garnishee, whether summoned before or after judgment, shall
be allowed to retain or deduct from the goods, effects, and credits of the
defendant in his hands at the time of service all demands against the defendant
of which he could have availed himself if he had not been garnisheed, whether
the same are at the time due or not, and whether by setoff on a trial or by
setoff of judgments or executions between himself and the defendant, and shall
be liable only for the balance after adjustment of all mutual demands between
himself and the defendant; provided that in such adjustment no demands for
unliquidated damages for wrongs or injuries shall be included, and that the
judgment shall show the amount of any setoff.



No garnishee shall be liable to anyone for the
nonpayment of any sum or for the nondelivery of any goods or effects when the
garnishee in good faith believes, or has reason to believe, that garnishment or
other process affects the same, though such be not the case, but this paragraph
shall not supersede section 652-9 where the same are applicable. [L 1876, c 35,
§2; am L 1919, c 157, §2; am L 1921, c 66, §1; RL 1925, §2827; am L 1925, c
262, §2; am L 1927, c 96, §2; RL 1935, §4271; am L 1935, c 155, §1; RL 1945,
§10302; RL 1955, §237-2; am L 1959, c 65, §2; HRS §652-2]



 



Case Notes



 



  Garnishee defending principal upheld.  10 H. 327.



  A debt owing by garnishee to defendant cannot be held if it
accrued after service of garnishee process.  14 H. 295, 298.



  On set-off by garnishee, see 19 H. 83.  Garnishee who claims
set-off against indebtedness owed the defendant has burden of proof to
establish the claim.  54 H. 141, 504 P.2d 872.



  Garnishment of seamen's wages.  17 H. 416; 21 H. 661; 22 H.
160.



  Garnishee's liability to pay interest on debt due, when
stopped by garnishment.  48 H. 349, 402 P.2d 683.



  The plain language of this section states that a garnishee
may offset effects in its hands at the time of garnishment, regardless of
whether the effects are due at the time; thus, trial court erred by denying
bank its right to offset the deposits in debtor-depositor's accounts.  117 H.
44 (App.), 175 P.3d 154.



  Cited:  28 H. 528, 534; 131 F. Supp. 866, 868.



 



Hawaii Legal Reporter Citations



 



  Service of garnishee summons perfects lien rights.  82-1 HLR
820611.