Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 652
Hawaii Revised Statutes

Haw. Rev. Stat. § 652-5 (2025)

  Successive sequestration of wages, upon change of employment

✓ laws through the 2025 session: the 2026 session is not included
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     §652-5  Successive sequestration of wages, upon change of employment.  Whenever any judgment debtor has left the employ of any garnishee, against whom an order has been duly issued, before the full amount of the judgment has been paid, and has entered the employment of some other person, or of the State, or any political subdivision thereof, then the judgment creditor may sequester any wages due the judgment debtor from the new employer by filing with such person, or the respective government comptroller or other officer a certified copy of the judgment and an affidavit of the judgment creditor, showing the amount remaining due and unpaid on account of the judgment.

     Thereafter, the new garnishee shall proceed to pay the same percentages of wages as required in an original garnishment, on the balance of the judgment, from week to week or month to month, until the balance due, with legal interest, is fully paid; or until such employment of the judgment debtor ceases. [L 1915, c 64, §1; am L 1919, c 161, §1; am imp L 1921, c 66, §1 and am c 202, §1; RL 1925, §2830; am L 1927, c 96, §5; am L 1933, c 172, §1; RL 1935, §4274; RL 1945, §10305; RL 1955, §237-5; am L Sp 1959 2d, c 1, §12; HRS §652-5]

 

Case Notes

 

  A garnishment under this section has equal legal standing with an original garnishee summons; priority being determined according to time of receipt by garnishee.  50 H. 223, 437 P.2d 95 (1968).

 

 

Notes of Decisions
Cited in 2 cases, 1970–1979 · leading case: Betts v. Coltes, 467 F. Supp. 544 (D. Haw. 1979).
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Betts v. Coltes, 467 F. Supp. 544 (D. Haw. 1979). “§ 652-l(b) and § 652-5 permit the judgment creditor to invoke the garnishment remedy by filing with the employer a certified copy of the judgment obtained against the judgment debtor and an affidavit as to the amount due and unpaid on account of the judgment.”
Am. Olean Tile Co. v. Zimmerman, 317 F. Supp. 150 (D. Haw. 1970). “§ 652-1 (a) ¶ 3(4), (b) and (f); § 652-5; Ch. 653. 2 . Under § 607-14, when plaintiff fails to prevail in a district court civil action and the magistrate determines that it was brought unfairly, maliciously or without adequate cause, the losing plaintiff may be ordered to pay…”
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