The enclosed official form is to be completed by the Court when it orders a garnishee to withhold from a judgment debtor and pay to a creditor wages or other monies or when the Court grants a creditor some other access to information within garnishee's possession.
Hawaii Garnishee Order
State:
Hawaii
Control #:
HI-5GARNORD
Format:
PDF
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FAQ
The Garnishee order is not applicable to bank if the bank does not owe money to the customer; viz, if the account is in joint names of the judgment debtor(customer) and other persons whereas the order is in single name of the customer; or when the bank is entitled to set-off the balance available in the customer's
Penalties. If the garnishee fails to comply with the law, he or she may be cited for contempt of court and assessed attorney's fees and court cost. If the creditor fails to comply with the provisions of the law, the garnishment may be dismissed and creditor may be assessed attorney's fees and costs.
An employer who discharges, refuses to employ, or takes disciplinary action against an employee because of a wage garnishment is guilty of a simple misdemeanor and may be subject to contempt of court proceedings.
How will I be notified if an employee's wages need to be garnished? Employers are typically notified of a wage garnishment via a court order or IRS levy. They must comply with the garnishment request, and typically start withholding and remitting payment as soon as the order is received.
At present four U.S. statesPennsylvania, North Carolina, South Carolina, and Texasdo not allow wage garnishment at all except for tax-related debt, child support, federally guaranteed student loans, and court-ordered fines or restitution.