Hawaii Garnishee Disclosure is a process where a creditor can obtain an order from the court to garnish the wages of a debtor. The creditor can do this in order to collect money owed on a debt. The Garnishee Disclosure includes information on the wages, bank accounts, and other property of the debtor. There are two types of Hawaii Garnishee Disclosure: Voluntary Disclosure and Court Ordered Disclosure. Voluntary Disclosure is when the debtor voluntarily provides their financial information to the creditor, while Court Ordered Disclosure is when the court orders the debtor to provide their financial information as part of a garnishment order. In both cases, the creditor must provide the debtor with a detailed description of the information they are seeking. This includes the amount they are seeking, the time period the debt is from, the terms of the garnishment, and any other relevant information.
Hawaii Garnishee Disclosure
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FAQ
A periodic garnishment lets the plaintiff (creditor) take money from a source that pays you on a regular basis such as your earnings or income from rental properties. A ?garnishee? is a person who has control over some or all of the money that is paid to the defendant. For example, an employer could be a garnishee.
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.
There is a $6.00 processing fee per Request and Writ for Garnishment.
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.
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).
If the defendant does not pay the judgment as ordered, you will have to collect your money through an execution against property or a garnishment. To get an execution against property or garnishment, you will first need to know: Where the defendant lives and works.