This official form is to be completed by a garnishee in response to a summons. The garnishee is to state whether garnishee was in possession of monies owed the judgment debtor at the time of the summons, and, if so, what was done with the monies.
Hawaii Garnishee Disclosure
State:
Hawaii
Control #:
HI-GARNDISC
Format:
PDF
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FAQ
Judgment creditorsthose who've filed a lawsuit against you and wonand creditors with a statutory right to collect back taxes, child support, and student loans can garnish or "take" money directly out of your paycheck. But they can't take it all. Federal and state law limits the amount a creditor can garnish.
The wage garnishment continues until the debt is paid in full. Once the debt is paid, the creditor should notify the employer to stop deductions for the debt. It is difficult to stop a wage garnishment after it begins. The time to fight a it is during the debt collection lawsuit or before the garnishments begin.
You can stop a garnishment by paying the debt in full. You can stop a wage garnishment by asking the court to order installment payments in your case. Read Getting an Installment Payment Plan to learn more. Objecting to a garnishment will stop it until the objection is decided.
What Happens When a Garnishment Summons Is Served?In the case of a nonearnings garnishment, the garnishee must provide a written disclosure to the creditor within 20 days after service of the garnishment summons that identifies all indebtedness, money, or property that the garnishee owes to the debtor.
Each creditor may obtain its own garnishment order and if you owe more than one debt to a single creditor it may obtain multiple orders. Theoretically, there is no limit to the number of garnishment orders that can be issued or served on your employer.
Garnishment is a proceeding by a creditor (a person or entity to whom money is owed) to collect a debt by taking the property or assets of a debtor (a person who owes money). Wage garnishment is a court procedure where a court orders a debtor's employer to hold the debtor's earnings in order to pay a creditor.
When a creditor obtains a writ of garnishment, the employer is the garnishee and the creditor is the garnishor.In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
Once a garnishment is approved in court, the creditor will notify you before contacting your bank to begin the actual garnishment. However, the bank itself has no legal obligation to inform you when money is withdrawn due to an account garnishment.
You should also request a credit report as soon as possible from all credit reporting agencies right away. Contact the Internal Revenue Service to find out whether your wages are being garnished. You should have received a garnishment notice from them.