Terms Used In Hawaii Revised Statutes 651-8

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • police officer: means the director of law enforcement or the director's duly authorized representative, any chief of police or subordinate police officer, or an independent civil process server on the list maintained by the department of law enforcement pursuant to section 353C-1. See Hawaii Revised Statutes 651-1

The police officer shall attach a sufficient amount of the property of the defendant if a sufficient amount of property not exempt from execution can be found, giving preference to property to which the defendant has an unquestionable title over any property to which the defendant’s title is doubtful. The police officer, as nearly as the circumstances of the case will permit, shall levy upon property twenty per cent greater in value than the amount that the plaintiff in the plaintiff’s affidavit claims to be due. When property is seized on attachment, the court may allow reasonable and just compensation to the officer having charge of the property for the officer’s trouble and expenses in keeping the property.