Garnishee Summons {1DC32}

GARNISHEE SUMMONS IN THE DISTRICT COURT OF THE FIRST CIRCUIT Choose One ___________________________ DIVISION STATE OF HAWAI`I Plaintiff(s) Civil No. 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 whether 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 and 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: Clerk of the above-entitled Court CONTINUED TO PAGE 2 1D-P-795 Reprographics (10/11) 1D (Rev. 09/23/2011) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form#1DC32 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 Honolulu Division, 1111 Alakea Street, 10th floor Courtroom 10A or 10B, Honolulu, Hawai`i at 1:30 p.m. on the second Monday following date of service, and should that Monday be a legal holiday then upon the next business day. G `Ewa Division, 870 Fourth Street, Pearl City, Hawai`i at 9:00 a.m. on the second Thursday following date of service, and should that Thursday be a legal holiday then upon the next Thursday. G Ko`olaupoko OR Ko`olauloa Division, 45-939 Po`okela Street, Kâne`ohe, Hawai`i at 9:00 a.m. on the second Friday following date of service, and should that Friday be a legal holiday then upon the next Friday. G Wahiawâ OR Waialua Division, 1034 Kilani Avenue, Wahiawâ, Hawai`i at 9:00 a.m. on the second Wednesday following date of service, and should that Wednesday be a legal holiday then upon the next Wednesday. G Wai`anae Division, 4675 Kapolei Parkway, Kapolei, Hawai`i at 9:00 a.m. on the second Tuesday following date of service, and should that Tuesday be a legal holiday then upon the next Tuesday. Mailing address for the above Courts: 1111 Alakea Street, Civil Division, Third Floor, Honolulu, Hawai`i 96813 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. 538-5121, FAX 538-5233, or TTY 539-4853 at least ten (10) working days before your proceeding, hearing, or appointment date. For all Civil related matters, please call 538-5151 or visit the District Court Service Center at 1111 Alakea Street, Third (3rd) Floor. 1D-P-795 (Rev. 09/23/2011) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Form#1DC32