Hawaii Garnishee Summons

State:
Hawaii
Control #:
HI-SKU-0541
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PDF
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Description

Garnishee Summons

Hawaii Garnishee Summons is a legal document issued by the court in the state of Hawaii to collect debt payments from a third party. It is also known as a garnishment summons or an income assignment order. The summons orders the third party, known as the garnishee, to withhold and forward payments to the court or creditor. There are two types of Hawaii Garnishee Summons: 1. Prejudgment Garnishee Summons: This summons is issued prior to a judgment being entered in the case and requires the garnishee to forward payments to the court or creditor. 2. Post-Judgment Garnishee Summons: This summons is issued after a judgment has been entered in the case and requires the garnishee to forward payments to the court or creditor until the debt is paid in full.

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FAQ

Requesting a Garnishment Start a garnishment by filing a Request and Writ for Garnishment with the court that entered the judgment. The writ is a court order. It tells the garnishee to give you the money it holds for the debtor (like money in a bank account) or would have paid to the debtor (like a paycheck).

Filing your Objection You can use the Do-It-Yourself Objection to Garnishment tool if you have a reason to object to the garnishment. There is no cost to file an objection to a garnishment. You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment.

How do I file an Objection? You file an objection by completing the form and filing it with the same court that signed the writ of garnishment. There is no cost for filing an objection except in probate court cases.

Under Hawaii's Wage Garnishment Laws: A 5% wage garnishment is withheld on the first $100 in disposable income for the month. A 10% wage garnishment is withheld on the next $100 in disposable income for the month. A 25% wage garnishment is withheld on all disposable income over $200 for the month.

Generally, money from these sources cannot be garnished: Social Security benefits and disability payments. Supplemental Security Income (SSI) payments. Veterans' Benefits.

Limits on Periodic Garnishments There are limits on how much a creditor can take from your earnings. A creditor can garnish whichever is less: up to 25% of your disposable earnings or the amount of your disposable earnings that's more than 30 times the federal minimum wage (currently $217.50).

The written objection should include: the case number (a unique set of numbers or letters specific to your case) your name, address, and phone number. a detailed explanation of your reasons for challenging the garnishment. a request for a hearing if the court has not already set a hearing date.

A wage garnishment is a legal procedure where a portion of a person's earnings is required to be withheld by an employer for the payment of a debt. In general, a creditor in Hawaii may garnish up to 25% of the disposable earnings.

More info

The employer, or "garnishee," will be served, in the same manner as with a summons, with several forms: 1. This set of forms is for use in garnishment to collect a money judgment.The garnishment summons must state: (1) the full name of the debtor, the debtor's last known mailing address, and the amount of the claim that remains unpaid; Full addresses must be provided on the Summons form for Debtor and the Garnishee since this document is served. This set of forms is for use in garnishment to collect a money judgment. Attorney's fees awarded in the original judgment. 10. If there is more than one garnishee, a separate case must be filed for each garnishee. Answers on the Garnishee Answer to Continuing Garnishment form. 7. To satisfy a judgment in whole or partially. You may receive the form, Judgment Debtor Information Sheet (CC-DC-CV-114) from the judgment creditor.

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Hawaii Garnishee Summons