2020 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
653. Garnishment of Government Beneficiaries
653-1 Government beneficiary defined.

§653-1 Government beneficiary defined. Any officer or employee, or other person in the service of the government of the State, or of any political or municipal subdivision thereof, or in receipt of, or entitled to a salary, stipend, or wages, from the State, or any department, board, or bureau thereof, or from any political or municipal subdivision of the State, shall for the purposes of this chapter, and of any proceedings hereunder, be known and described as a government beneficiary, hereinafter denominated such beneficiary. [L 1890, c 50, §1; am L 1903, c 53, §1; am L 1921, c 66, §1; RL 1925, §2845; RL 1935, §4290; RL 1945, §10321; RL 1955, §238-1; HRS §653-1]

Cross References

Garnishment proceedings against the retirement system, see §88-92.

Attorney General Opinions

Monies owed by State to vendor under public contract not garnishable. Att. Gen. Op. 72-12.

Case Notes

But for this statute, garnishment would not lie, as there is no privity of contract between disbursing officer and beneficiary. 2 H. 80 (1858).

Contractor to whom government owes balance for building bridge is not government beneficiary. 9 H. 195 (1893).

No garnishee process against Territory, except as provided by this chapter. 16 H. 106, 109 (1904).

Every government official, legislative, judicial, or executive included if entitled to salary. 19 H. 428, 429 (1909); 31 H. 1014 (1931).

Not violative of Fourteenth Amendment of U.S. Constitution. 19 H. 428, 430 (1909).

Municipal corporation like private corporation subject to process of garnishment. 23 H. 564, 570 (1916).

Lessees of Hawaiian Homes Commission, which holds proceeds of pineapple sales, are not government beneficiaries within meaning of this section, but the proceeds may be reached by a creditor's bill. 37 H. 8, 12 (1944).