Sections
Part I Attachment 651-1 – 651-21
Part II Execution 651-31 – 651-52
Part III Exemptions 651-61 – 651-124

Terms Used In Hawaii Revised Statutes > Chapter 651 - Attachment and Execution

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adult residential care home: means any facility providing twenty-four-hour living accommodations, for a fee, to adults unrelated to the family, who require at least minimal assistance in the activities of daily living, personal care services, protection, and health care services, but who do not need the professional health services provided in an intermediate, skilled nursing, or acute care facility. See Hawaii Revised Statutes 321-15.1
  • Advertisement: means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. See Hawaii Revised Statutes 437D-3
  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the motor vehicle repair industry board. See Hawaii Revised Statutes 437B-1
  • Certified mechanic: is a motor vehicle mechanic who has successfully passed the certification tests in any or all of the certification specialties set forth in this chapter. See Hawaii Revised Statutes 437B-1
  • Chambers: A judge's office.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damage waiver: means any contract or contractual provision, whether separate from or a part of a rental agreement, whereby the lessor agrees, for a charge, to waive any or all claims against the lessee for any damages to the rental motor vehicle during the term of the rental agreement. See Hawaii Revised Statutes 437D-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 437D-3
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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
  • Hospice home: means any facility operated by a licensed hospice service agency providing twenty-four-hour living accommodations to no more than five unrelated persons who are admitted for hospice service. See Hawaii Revised Statutes 321-15.1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessee: means any person obtaining the use of a rental motor vehicle from a lessor for a period of six months or less under the terms of a rental agreement. See Hawaii Revised Statutes 437D-3
  • Lessor: means any person in the business of providing rental motor vehicles to the public. See Hawaii Revised Statutes 437D-3
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor vehicle: means any passenger car, truck, truck tractor, motorcycle, or motor scooter, as defined in § 286-2, and the integral parts thereof. See Hawaii Revised Statutes 437B-1
  • Motor vehicle mechanic: means any person whether self-employed or employed by another, who, for compensation, engages in the diagnosis or repair of malfunctions of motor vehicles, and may be classified as "intermediate" or "journey worker" as the terms are commonly used in the motor vehicle repair industry. See Hawaii Revised Statutes 437B-1
  • Motor vehicle repair dealer: means any person who is, or has in the person's employ, a motor vehicle mechanic licensed under this chapter and who, for compensation, engages in the business of diagnosing or repairing malfunctions of motor vehicles. See Hawaii Revised Statutes 437B-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Personal property: All property that is not real property.
  • Plain language: means language written or spoken in a clear and coherent manner using words with common and everyday meanings. See Hawaii Revised Statutes 437D-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • police officer: means the director of public safety 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 public safety pursuant to § 353C-11. See Hawaii Revised Statutes 651-1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rental agreement: means any written agreement setting forth the terms and conditions governing the use of the rental motor vehicle by the lessee. See Hawaii Revised Statutes 437D-3
  • Rental cost: means the daily or periodic rate charged for the use of the rental motor vehicle, but does not include optional or refueling charges. See Hawaii Revised Statutes 437D-3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • vehicle: means a motor vehicle as defined in § 286-2, which is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less. See Hawaii Revised Statutes 437D-3
  • Vehicle license recovery fees: includes motor vehicle weight taxes under § 249-2; fees connected with the registration of specially constructed, reconstructed, or rebuilt vehicles, special interest vehicles, or imported vehicles as referenced in § 286-41(c); license plate and emblem fees under § 249-7(b); inspection fees as referenced in § 286-26; highway beautification fees as referenced in § 286-51(b)(1); and any use tax under chapter 238. See Hawaii Revised Statutes 437D-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.