Hawaii Garnishee Summons is a legal process used by creditors to collect a debt from a third party, such as an employer. When a Hawaii Garnishee Summons is issued, the employer must withhold wages from the debtor’s paycheck and send the money directly to the creditor. The different types of Hawaii Garnishee Summons are: Wage Garnishment, Bank Account Garnishment, and Property Garnishment. Wage Garnishment is when a portion of the debtor’s wages are withheld and sent to the creditor. Bank Account Garnishment is when funds in the debtor’s bank account are frozen and sent to the creditor. Property Garnishment, also known as a levy, is when the debtor’s property, such as a car or house, is seized and sold to satisfy the debt.
Hawaii Garnishee Summons
State:
Hawaii
Control #:
HI-SKU-0613
Format:
PDF
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Garnishee Summons
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FAQ
You can only be paying on one garnishment at a time. This kind of exemption is claimed as an "undue hardship." Undue Hardship. You can apply for an "undue hardship" exemption" if you have a family to support.
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.
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
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.
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).
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.
Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.
More info
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.Continuous (for earnings only). Garnishment Application and Order. A fully completed Original Suggestion in Garnishment Form. • A fully completed Original Garnishment Summons Form plus six (6) copies. 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.