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Garnishee Summons 2DC32 - Hawaii
| Garnishee Summons Form. This is a Hawaii form and can be used in Judgment And Post-Judgment District Court 2nd Circuit - Maui Local County . |
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GARNISHEE SUMMONS IN THE DISTRICT COURT OF THE SECOND CIRCUIT ______________________________ DIVISION STATE OF HAWAI`I Plaintiff(s) Civil No. Form #2DC32 Defendant(s) Garnishee(s) (Name and Address) G Check here if Federal Agency GARNISHEE SUMMONS TO: ANY OFFICER IN HAWAI`I AUTHORIZED TO MAKE SERVICE You are COMMANDED to leave a true and attested copy of this Summons and Order with each above named Garnishee(s). TO: GARNISHEE(S) You, as Garnishee(s), are SUMMONED and required to appear personally before the Judge presiding in the above-entitled proceeding at the Court designated by the checked box on the reverse side. If you are a Federal Agency, you have thirty (30) days to respond. (5 U.S.C. §5520a(d)) OR you may instead file a written disclosure in the above-entitled Division, and send a copy of it to Plaintiff(s) or Plaintiff(s)' attorney. Your disclosure must be made under Oath. It must state weather you have, or at the time of service: a. Had any of the goods or effects of the Defendant(s) in your hands and, if so, their nature, amount and value. OR b. Were or are indebted to the Defendant(s) and, if so, the nature and the amount of the debt. OR c. Defendant(s) was in receipt from you or any salary, wages, commissions, stipend, annuity, net income or a portion of net income under a trust and, if so, the amount or rate thereof. You, as Garnishee(s), are ORDERED to hold and secure from the time of service of this summons, and until further ordered by the Court any amount of money which shall not exceed 120% of the amount of the judgment indicated above, including costs and interest, as provided by Hawai`i Revised Statutes §652 & §653. *SEE FEDERAL WAGE GARNISHMENT LAW FOR APPLICABLE RESTRICTIONS. (Attached form entitled "Garnishee Information") This summons shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the public, unless a Judge of the above-entitled Court permits, in writing on this summons, personal delivery during those hours. Date: GARNSUMM Reprographics (01/10) 2DC Clerk of the above-entitled Court Page 1 of 2 CONTINUED TO PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com 2D-E-246 Hawai`i Revised Statutes §652-9. GARNISHEE MAY BE HEARD ON NOTICE TO PLAINTIFF. Whenever any person summoned as a garnishee may be desirous of so doing, the person may apply to the district judge or any judge of the Court from which the summons may have issued, and the judge having caused reasonable notice to be given to the Plaintiff in action, shall proceed to take the deposition of the person thus summoned, and make such order as may be proper in the premises, at any time previous to the date appointed for hearing the cause, and the person summoned as garnishee, shall be taken to have obeyed the summons. If it appears that there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands, any time after the summons is served the garnishee may be permitted upon order of the judge to pay into the Court any moneys held for safekeeping, debts, goods, or effects in the garnishee's hands, less any reasonable costs and attorney's fees allowed by the judge and the garnishee will thereupon be discharged. With or without payment into Court, any garnishee may, where there are conflicting claims to any moneys held for safekeeping, debt, goods, or effects in the garnishee's hands of any amount, make application for an interpleader order and the judge shall thereupon make all orders as appear to be just and reasonable. COURT DATE AND ADDRESSES: G Wailuku Division, 2145 Main Street, Wailuku, Hawai`i, Courtroom 3C, Third Floor, at 8:30 a.m. on the second Monday following the date of service, and should said Monday be a legal holiday then upon the next Monday. G Lahaina Division, 1870 Honoapiilani Highway, Lahaina, Hawai`i, at 8:30 a.m. on the second Thursday following the date of service, and should said Thursday be a legal holiday then upon the next Thursday. G Hana Division, 4974 Uakea Road, Hana, Hawai`i, at 9:00 a.m. on the first Tuesday of the next month following date of service, and should said Tuesday be a legal holiday then upon the first Tuesday of the next month. G Molokai Division, Kaunakakai, Hawai`i, at 9:00 a.m. on the second Tuesday of the month following date of service, and should said Tuesday be a legal holiday then upon the second Tuesday of the following month. G Lanai Division, Lanai City, Hawai`i, at 10:00 a.m. of the the next month and should said Tuesday be a legal holiday then upon the third Tuesday of the following month. Mailing address for the above Courts: 2145 Main Street, Room 106, Wailuku, Hawai`i 96793 In accordance with the Americans with Disabilities Act, and other applicable State and Federal laws, if you require an accommodation for a disability when working with a court program, service, or activity please contact the District Court Administration Office at PHONE NO. 244-2800, FAX 244-2849, or TTY 244-2889 at least ten (10) working days before your proceeding, hearing or appointment date. Reprographics (01/10) 2DC Page 2 of 2 2D-E-246 American LegalNet, Inc. www.FormsWorkFlow.com
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