651-2 Writ; issued when. The plaintiff, in any action upon a contract, express or implied, at the time of commencing the action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, which is not exempt from execution, attached in the manner hereinafter prescribed, as security for the satisfaction of any judgment that the plaintiff may recover, but no writ of attachment shall be issued:

(1) Against the State, or any political municipal corporation, or subdivision thereof; or

(2) In circumstances where garnishment is authorized under chapter 652. [L 1905, c 84, 2; am L 1909, c 60, 1; RL 1925, 2806; RL 1935, 4191; RL 1945, 10142; RL 1955, 233-2; HRS 651-2; am L 1977, c 33, 1; gen ch 1985; am L 2016, c 55, 30]

 

Cross References

 

Exemptions from execution, see part III of this chapter.

 

Case Notes

 

Attachment available only where contract at issue also establishes a debtor-creditor relationship for payment of money. 485 F. Supp. 1015 (1980).

Does not prohibit garnishment against municipal corporations. 23 H. 564, 570 (1916).

Seizure of automobile under writ of attachment. 38 H. 279, 298 (1949).

Cited: 26 H. 342, 346 (1922).

 

 

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