Hawaii Garnishee Order

State:
Hawaii
Control #:
HI-GARNORD
Format:
PDF
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Description

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.

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FAQ

Garnishee: the person holding the property (money) of the debtor. An employer may be a garnishee because the employer holds wages to be paid to an employee (who is a debtor).

Both are properly used as verbs in the sense of putting a lien on property or wages to satisfy a debt. But garnishee is more common (despite objections by lawyers), perhaps because the more usual meaning of garnish is adorn or decorate. As a noun, garnishee means the person served with a legal garnishment.

In simple words the garnishee is the person who is liable to pay a debt to a debt to judgment debtor or to deliver any movable property to him. Besides Judgment Debtor and decree Holder, Garnishee is a third person in whose hands debt of the judgment debtor is kept.

An individual who holds money or property that belongs to a debtor subject to an attachment proceeding by a creditor.In such case, the debtor's employer is the garnishee.

A court may order a garnishment to help a successful plaintiff collect money damages from a defendant. A garnishment order instructs a third-party who owes money to the defendant to pay some or all of that money to the plaintiff instead of the the defendant. This third party is called a "garnishee."

A garnishee order is a serious matter as it means a court order has been implemented to allow creditors to recover debt from third parties. They can do this in a number of ways, including taking money from the debtor's bank account and/or from their salary.

Contact the Internal Revenue Service to find out whether your wages are being garnished. You should have received a garnishment notice from them.

The law is now stricter and only magistrates can issue garnishee orders. A garnishee order is limited to 25% of your salary and must leave you with enough salary to live onYou may have heard of stories where garnishee orders were so high that there was little, or no salary left after they had been deducted.

Unfortunately a garnishee order can only be stopped by bringing an application to court to have the order stopped, or, if the judgment creditor informs the employer or garnishee that he no longer needs to deduct money from your salary.

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Hawaii Garnishee Order