Hawaii Garnishee Summons

State:
Hawaii
Control #:
HI-SKU-0679
Format:
PDF
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Description

Garnishee Summons

Hawaii Garnishee Summons is a type of court-issued document in the state of Hawaii that orders an organization or individual to pay a judgment debtor’s debt to the creditor. The creditor is the person or organization that has won a court judgment against the debtor, and the garnishee is a third party that holds funds or other assets belonging to the debtor. The Garnishee Summons instructs the garnishee to pay the debt to the creditor instead of the debtor. There are two types of Hawaii Garnishee Summons: the Garnishee Summons for Wages and the Garnishee Summons for Other Property. The Garnishee Summons for Wages requires the garnishee to pay the debtor’s wages to the creditor, and the Garnishee Summons for Other Property requires the garnishee to pay the debtor’s other assets, such as bank accounts and assets held in trust, to the creditor.

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FAQ

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.

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.

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.

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.

For instance, if a debtor's disposable income falls below a certain amount, wage garnishment may not be legally allowed. But if their income is at least 30 times the federal minimum wage ($7.25), their wages could be garnished.

With few exceptions, all wages are fully protected from garnishment in North Carolina, Pennsylvania, South Carolina, and Texas. Judgment creditors may seek to evade these protections by serving the wage garnishment order on the consumer's employer's office in another state.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

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).

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