Hawaii Wage Garnishment (Garnishee Summons) and Exemption Claim Package

HAWAII WAGE GARNISHMENT (GARNISHEE SUMMONS) AND EXEMPTION CLAIM PACKAGE

HAWAII-SPECIFIC GARNISHMENT HIGHLIGHTS — TIERED MONTHLY FORMULA

Under HRS § 652-1(a)(4), Hawaii uses a unique tiered formula applied to MONTHLY net wages (after legally required deductions):

NOTE ON THE 20% / 25% DISCREPANCY: Some practitioner guides cite a "25%" Tier 3 rate. The statute itself (HRS § 652-1(a)(4)) and the current District Court Garnishee Information (Form 3DC27) state 20%. This package follows the statutory text. Where Hawaii's 20% Tier 3 produces a result less favorable than the federal CCPA's 25% / 30× minimum wage floor, the employer MUST USE THE FORMULA MORE FAVORABLE TO THE EMPLOYEE.

Equivalent weekly portions may be used. Pay-period conversions are derived directly from the monthly tier amounts.

Other Hawaii features:

• 120% Cap on summons amount. A pre-judgment garnishee summons may specify a value of money/property NOT EXCEEDING 120% of the plaintiff's claim, including costs and interest (§ 652-1).
• Pre-judgment requirement. § 652-1.5 requires the creditor to obtain a court order at a hearing before pre-judgment garnishee summons issues. Post-judgment summons does not require this hearing.
• Disclosure. The garnishee MAY (but is not required to) make a Disclosure (Form 1C-P-525). If no disclosure is made, the garnishee is presumed to be the employer and must comply.
• Transfer garnishment. Hawaii allows transfer of an unsatisfied garnishment from one employer to a new employer (HRS § 652).
• Personal property exemption. HRS § 651-121 protects motor vehicles ($2,575 equity), tools of trade ($1,000), jewelry/art/heirlooms ($1,000), and additional categories.

PART 1 — PRE-GARNISHMENT CHECKLIST (JUDGMENT CREDITOR)

☐ Final judgment entered in Hawaii District or Circuit Court
☐ Judgment not satisfied, vacated, or stayed
☐ Statute of limitations on judgment confirmed (10 years; HRS § 657-5)
☐ Post-judgment interest calculated (10% per annum; HRS § 478-3)
☐ Employer (garnishee) name, address, and authorized agent identified
☐ For pre-judgment garnishment: § 652-1.5 hearing requirements satisfied (notice; bond if required)
☐ Garnishee Summons (post-judgment) OR Motion for Issuance of Garnishee Summons After Judgment OR Declaration of Judgment Creditor for Garnishment of Wages prepared
☐ Garnishee Information (Form 3DC27) included for employer
☐ Garnishment Calculation Worksheet (Form 3DC27C) attached
☐ Notice to Debtor included in service packet
☐ No automatic bankruptcy stay (11 U.S.C. § 362)

PART 2 — MOTION / DECLARATION FOR GARNISHEE SUMMONS (Post-Judgment)

Civil No.: [______________________]

MOTION FOR ISSUANCE OF GARNISHEE SUMMONS AFTER JUDGMENT

(Or: DECLARATION OF JUDGMENT CREDITOR FOR GARNISHMENT OF WAGES)

Judgment Creditor moves this Court (or declares under HRS § 652) for issuance of a Garnishee Summons against the wages of Judgment Debtor in the hands of Garnishee, and states:

1. On [__/__/____], judgment was entered in this Court in favor of Judgment Creditor against Judgment Debtor in the principal amount of $[____________].

2. Post-judgment interest at 10% per annum (HRS § 478-3) has accrued in the amount of $[____________] through [__/__/____].

3. Costs awarded: $[____________]. Credits/payments: $[____________].

4. Balance due: $[____________].

5. Garnishee, [GARNISHEE NAME] at [______________________________________________], is or upon information and belief employs Judgment Debtor and holds wages, salary, stipend, commissions, annuity, or net income subject to garnishment under HRS § 652-1(a)(4).

6. Judgment Debtor's last known address: [______________________________________________].

7. Judgment Creditor declares under penalty of perjury under the laws of the State of Hawaii that the foregoing is true and correct.

[______________________________________________]
[Judgment Creditor / Attorney]

Date: [__/__/____]

PART 3 — GARNISHEE SUMMONS (Post-Judgment)

STATE OF HAWAII

TO: [GARNISHEE NAME], [GARNISHEE ADDRESS]

YOU ARE HEREBY SUMMONED as Garnishee in the above-captioned matter pursuant to HRS § 652-1.

YOU ARE COMMANDED:

1. Immediately upon service, begin withholding from the wages (salary, stipend, commissions, annuity, net trust income) of Judgment Debtor the amount calculated under HRS § 652-1(a)(4) — applying the Hawaii TIERED FORMULA (see Part 4 below). Alternatively, you must apply the federal CCPA calculation under 15 U.S.C. § 1673 IF it produces a lower withholding (i.e., is more favorable to the employee). USE WHICHEVER CALCULATION IS MORE FAVORABLE TO YOUR EMPLOYEE.

2. Pay over the withheld amounts to Judgment Creditor (or counsel) upon receipt of the garnishee order, unless this Summons is served as a Declaration of Judgment Creditor under HRS § 652, in which case withholding and remittance begin immediately.

3. Disclosure is optional. You MAY appear in court or file a written statement (Form 1C-P-525) stating whether Judgment Debtor is your employee and whether any money is due. If you do not make a disclosure, it is presumed that Judgment Debtor is your employee and you must comply.

4. Notice to Debtor. A copy of this Summons and the Notice to Debtor (Form 3DC27) must be transmitted to Judgment Debtor.

5. Garnishee Fund. From the time of service, you shall hold (secure) the property identified under HRS § 652-1(a)(1)-(4), not exceeding the amount specified in this Summons.

Amount of plaintiff's claim including costs and interest: $[____________]
Maximum garnishee fund value (120% per § 652-1): $[____________]

Issued: [__/__/____]

[SEAL] Clerk of the Court: [______________________________]

PART 4 — NOTICE TO DEBTOR (Form 3DC27 Substantial Form)

TO: [JUDGMENT DEBTOR NAME]

PLEASE TAKE NOTICE that a Garnishee Summons has been served upon your employer (the "garnishee") without any further court proceedings or notice to you. The Garnishee Summons was issued on the basis of a judgment against you in favor of the Judgment Creditor.

YOUR EXEMPTION RIGHTS

The amount of wages that may be garnished is LIMITED by federal and Hawaii law. Therefore, some or all of your wages are exempt from garnishment.

Hawaii Tiered Formula — HRS § 652-1(a)(4) (applied to monthly net wages, defined as wages remaining after deductions REQUIRED BY LAW):

Federal CCPA (15 U.S.C. § 1673): The lesser of (a) 25% of disposable earnings, or (b) the amount by which weekly disposable earnings exceed 30 × federal minimum wage ($217.50/week).

Your employer MUST USE the calculation that is MOST FAVORABLE to you.

If your wages are garnished, you may request that your employer show you how the amount garnished was calculated.

OTHER EXEMPTIONS YOU MAY CLAIM

☐ Social Security, SSI (42 U.S.C. § 407)
☐ Veterans' benefits (38 U.S.C. § 5301)
☐ Unemployment compensation (HRS § 383-163)
☐ Workers' compensation (HRS § 386-57)
☐ Public assistance / TANF / SNAP (HRS § 346-33)
☐ Retirement / pension benefits (HRS § 651-124)
☐ Insurance proceeds (HRS § 431:10-232)
☐ Personal property up to statutory limits — HRS § 651-121:
☐ Motor vehicle ($2,575 equity)
☐ Tools of trade ($1,000)
☐ Jewelry, art, heirlooms ($1,000)
☐ Household furnishings, clothing, books
☐ Homestead — HRS § 651-91 ($30,000 head of family/65+, $20,000 others)
☐ Other: [______________________________________________]

REQUEST FOR HEARING

If you claim the garnishment is incorrect, you have a right to request a hearing. To request a hearing, follow the procedures set forth in the rules of this Court and in HRS § 652-1(d). File your request promptly with the Clerk.

PART 5 — CLAIM OF EXEMPTION / REQUEST FOR HEARING (HRS § 652-1(d))

Civil No.: [______________________]

CLAIM OF EXEMPTION AND REQUEST FOR HEARING

I, [JUDGMENT DEBTOR NAME], the Judgment Debtor named above, claim the following wages, funds, or property are EXEMPT from garnishment under Hawaii and/or federal law:

☐ TIERED FORMULA MISAPPLIED. Garnishee has not applied HRS § 652-1(a)(4) correctly, OR has not applied the formula most favorable to me. My monthly net wages are $[____________].

☐ FEDERAL CCPA MORE FAVORABLE. My weekly disposable earnings of $[____________] do not exceed 30 × federal minimum wage ($217.50), OR the CCPA 25% / 30× formula produces a lower withholding than the Hawaii tiered formula.

☐ FEDERAL EXEMPT BENEFITS. Funds garnished are:
☐ Social Security ☐ SSI ☐ VA ☐ Railroad Retirement
☐ Unemployment ☐ Workers' Compensation ☐ TANF / SNAP / Public assistance

☐ STATUTORY PERSONAL PROPERTY EXEMPTIONS (HRS § 651-121).
☐ Motor vehicle ($2,575 equity)
☐ Tools of trade ($1,000)
☐ Jewelry/art/heirlooms ($1,000)
☐ Household furnishings / clothing / books
☐ Health aids

☐ HOMESTEAD (HRS § 651-91). ☐ Head of family / age 65+ ($30,000) ☐ Other ($20,000).

☐ RETIREMENT / PENSION (HRS § 651-124). ERISA / IRA / 401(k) / 403(b) / public retirement.

☐ JUDGMENT INVALID OR SATISFIED.
☐ Judgment satisfied ☐ Vacated ☐ Stayed ☐ Bankruptcy pending (Case No. ____________________).

☐ OTHER: [______________________________________________]

SUPPORTING FACTS

[____________________________________________________________]
[____________________________________________________________]

REQUEST FOR HEARING

Pursuant to HRS § 652-1(d), I request a hearing on this Claim. I declare under penalty of perjury under the laws of the State of Hawaii that the foregoing is true and correct.

[______________________________________________]
[Judgment Debtor Signature]

Date: [__/__/____]

Address: [______________________________________________]
Telephone: [____________________] Email: [____________________]

PART 6 — GARNISHEE'S DISCLOSURE (Form 1C-P-525 Substantial Form)

Civil No.: [______________________]

I, [GARNISHEE'S AUTHORIZED REPRESENTATIVE], on behalf of [GARNISHEE / EMPLOYER NAME], hereby make the following Disclosure under HRS § 652 (under oath):

1. Employment: At the time the Garnishee Summons was served on [__/__/____]:
   ☐ Judgment Debtor was my employee.
   ☐ Judgment Debtor was NOT my employee. (Last day: [__/__/____])

2. Goods or effects of Judgment Debtor in my possession:
   ☐ None ☐ Yes — describe and value: [______________________________________________]

3. Debt owing from me to Judgment Debtor (other than wages):
   ☐ None ☐ Yes — amount: $[____________]; nature: [______________________________]

4. Money of Judgment Debtor in my possession for safekeeping:
   ☐ None ☐ Yes — amount: $[____________]

5. WAGES — Calculation under HRS § 652-1(a)(4):

Pay period: ☐ Weekly ☐ Bi-weekly ☐ Semi-monthly ☐ Monthly

(a) Gross wages (monthly equivalent): $[____________]
(b) Deductions required by law: $[____________]
(c) Net wages (monthly): $[____________]

Hawaii Tiered Calculation:

• 5% of first $100 = $5.00
• 10% of next $100 = $10.00
• 20% of excess over $200 ($[____________] − $200 = $[____________]) × 20% = $[____________]
• Hawaii total monthly withholding: $[____________]

Federal CCPA Calculation:

• 25% of weekly disposable earnings: $[____________]
• Weekly disposable earnings minus $217.50: $[____________]
• Federal weekly withholding (lesser): $[____________]
• Federal monthly equivalent: $[____________]

AMOUNT WITHHELD (LESSER / MORE FAVORABLE TO EMPLOYEE): $[____________]

6. Other writs / withholding orders in effect:
   ☐ None ☐ Child support: $[__________] ☐ Federal tax levy: $[__________] ☐ Other: [____________]

[______________________________________________]
[Garnishee's Authorized Representative]
Title: [______________________________________________]
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [______________________], 20[____].

[______________________________________________]
Notary Public — State of Hawaii
My commission expires: [__/__/____]

PART 7 — WAGE CALCULATION WORKSHEET (Form 3DC27C Substantial Form)

HAWAII TIERED FORMULA — MONTHLY

FEDERAL CCPA — WEEKLY

COMPARISON

PAY-PERIOD CONVERSIONS

PART 8 — MOTION TO QUASH / MODIFY GARNISHEE SUMMONS

Civil No.: [______________________]

MOTION TO QUASH OR MODIFY GARNISHEE SUMMONS

Judgment Debtor moves this Court to QUASH or MODIFY the Garnishee Summons issued [__/__/____] and states:

1. Grounds (check all applicable):

☐ Judgment satisfied in full.
☐ Judgment vacated, stayed, or set aside.
☐ Garnishee misapplied HRS § 652-1(a)(4) tiered formula.
☐ Garnishee failed to use the calculation MOST FAVORABLE to the employee (state vs. federal CCPA).
☐ Net monthly wages are below or at minimum tier; withholding excessive.
☐ Funds garnished are exempt federal benefits.
☐ Funds are statutory exempt personal property under HRS § 651-121.
☐ Pre-judgment garnishee summons issued without § 652-1.5 hearing.
☐ Summons specifies amount exceeding 120% of claim (§ 652-1 cap).
☐ Bankruptcy automatic stay under 11 U.S.C. § 362.
☐ Procedural defect in service or form.
☐ Other: [______________________________________________].

2. Supporting facts: [____________________________________________________________]

3. Relief requested:
   a. Quash or modify the Garnishee Summons;
   b. Order Garnishee to release/return withheld funds;
   c. Direct Garnishee to apply the correct (more favorable) calculation prospectively;
   d. Award attorney's fees and costs;
   e. Grant such other relief as is just.

[______________________________________________]
Movant / Attorney for Movant

Date: [__/__/____]

PART 9 — NOTICE OF HEARING

Civil No.: [______________________]

NOTICE OF HEARING ON CLAIM OF EXEMPTION / MOTION TO QUASH OR MODIFY

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

PLEASE TAKE NOTICE that the Claim of Exemption and Request for Hearing (and/or Motion to Quash or Modify Garnishee Summons) will be heard before the Honorable [______________________] on:

Date: [__/__/____]
Time: [____:____] ☐ a.m. ☐ p.m.
Location: [______________________________________________]
Courtroom: [______________]

Parties shall appear with pay stubs (last 3 months), benefit award letters, bank statements, and any documents supporting the claimed exemptions.

[______________________________________________]
[Clerk of the Court / Filing Party]
Date: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true copy of this Notice was served on all parties via:
☐ U.S. Mail ☐ Personal Delivery ☐ JEFS Hawaii E-Filing ☐ Email (by consent)

[______________________________________________]
Signature

SOURCES AND REFERENCES

• HRS § 652-1 (Garnishee process; "garnishee fund"; tiered wage formula)
• HRS § 652-1.5 (Pre-judgment garnishment hearing)
• HRS § 652-2, § 652-2.5 (Procedure and service)
• HRS § 652-7 (Hearing on disclosure)
• HRS § 651-91 to § 651-96 (Homestead exemption)
• HRS § 651-121 et seq. (Personal property exemptions)
• HRS § 651-124 (Retirement plan exemption)
• HRS § 657-5 (Statute of limitations on judgments — 10 years)
• HRS § 478-3 (Post-judgment interest — 10%)
• 15 U.S.C. § 1673 (Federal CCPA limits)
• Hawaii District Court Form 3DC27 — Garnishee Information: https://www.courts.state.hi.us/docs/form/hawaii/3DC27.pdf
• Hawaii District Court Form 3DC27C — Garnishment Calculation Worksheet
• Hawaii Form 1C-P-525 — Disclosure
• Hawaii State Judiciary forms: https://www.courts.state.hi.us/legal_references/forms/forms

DISCLAIMER: This template is for informational purposes only and does not constitute legal advice. Hawaii's tiered formula requires careful pay-period conversion; the employer must use the calculation MORE FAVORABLE TO THE EMPLOYEE (state vs. federal). Consult a licensed Hawaii attorney.