§651-2 Writ; issued when. The
plaintiff, in any action upon a contract, express or implied, at the time of
commencing the action, or at any time afterward before judgment, may have the
property of the defendant, or that of any one or more of several defendants,
which is not exempt from execution, attached in the manner hereinafter
prescribed, as security for the satisfaction of any judgment that the plaintiff
may recover, but no writ of attachment shall be issued:
(1) Against the State, or any political municipal
corporation, or subdivision thereof; or
(2) In circumstances where garnishment is authorized
under chapter 652. [L 1905, c 84, §2; am L 1909, c 60, §1; RL 1925, §2806; RL
1935, §4191; RL 1945, §10142; RL 1955, §233-2; HRS §651-2; am L 1977, c 33, §1;
gen ch 1985; am L 2016, c 55, §30]
Cross References
Exemptions from execution, see part III of this chapter.
Case Notes
Attachment available only where contract at issue also
establishes a debtor-creditor relationship for payment of money. 485 F. Supp.
1015 (1980).
Does not prohibit garnishment against municipal
corporations. 23 H. 564, 570 (1916).
Seizure of automobile under writ of attachment. 38 H. 279,
298 (1949).
Cited: 26 H. 342, 346 (1922).
Notes of Decisions
Matson Navigation Co. v. Fed. Deposit Ins. Corp., 916 P.2d 680 (Haw. 1996).
· cites it 4× “In the first stage, “in any action upon a contract,” HRS § 651-2 (1993), the plaintiff may obtain a writ of attachment from “the clerk of the court in which the action is pending,” HRS § 651-3 (1993), “with the approval of the court,” HRS § 651-7 (1993), upon (1) filing an…”
Com. Fin., Ltd. v. Am. Resources, Ltd., 737 P.2d 1120 (Haw. App. 1987).
· cites it 3× “On May 12, 1982, pursuant to HRS § 651-2 (1985), 2 PL obtained a prejudgment writ of attachment of AR’s personal property and had it seized and stored in a warehouse.”
Mueller v. State of Hawaii Dep't of Pub. Saf. (D. Haw. 2022).
· cites it 2× “Hawaii Revised Statues § 651-2, provides that “no writ of attachment shall be issued against the State, or any political municipal corporation, or subdivision thereof.”
Stanley Lawrence DiStefano, Jr. (Bankr. N.D.N.Y. 2019).
“United States Bankruptcy Judge 20 Haw. Rev. Stat. § 651-2 provides in relevant part: The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that…”
Vazquez v. Ctr. Art Gallery, 485 F. Supp. 1015 (D. Haw. 1980).
· cites it 2× “Relying in part on Section 651-3 of the attachment statute, which requires “an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all just credits and offsets,” this Court in Frank F.”
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