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Terms Used In Hawaii Revised Statutes 652-3

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Plaintiff: The person who files the complaint in a civil lawsuit.

For the purposes of garnishment, if it appears in any cause wherein service has been made as provided by law, whether before or after judgment, upon any garnishee from whom the defendant is in receipt of any wages, the court shall order and direct the garnishee not to withhold more than a portion of the wages of the defendant to be determined as provided for in the third paragraph of subsection (a) of section 652-1. The garnishee shall continue such withholding from the wages of the defendant until the action against the defendant has been finally determined and the final judgment obtained against the defendant, if any, has been fully paid with legal interest thereon. However, no more of the wages shall be withheld from the defendant in advance of final judgment than shall be sufficient to meet the demand of the plaintiff, together with cost and legal interest.