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HRS §651-3

Getting a court order to seize property

This section says a court clerk can issue a writ of attachment, which is a court order to seize property. Before that happens, the person suing must file a sworn statement with the clerk. The statement must show the defendant owes money and that the lawsuit is not meant to cheat creditors.

courts

The statute, as written — Affidavit

The writ of attachment shall be issued by the clerk of the court in which the action is pending. Before any writ of attachment shall issue, the plaintiff, or someone in the plaintiff's behalf, shall make and file with the clerk an affidavit showing that the defendant is indebted to the plaintiff, specifying the amount of the indebtedness over and above all just credits and offsets, and that the attachment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.