HRS §651-44
What happens at the public sale and where the money goes
At the public sale, the officer sells the advertised property to the highest bidder unless the judgment is paid first. The officer takes money from the sale to cover the judgment, costs, and fees, then returns the writ and gives any extra money to the plaintiff or their lawyer.
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The statute, as written — Sale; proceeds; return
The officer shall, on the day and at the place set for the public sale, unless paid the amount of the judgment, interest, and costs, and the officer's fees and disbursements accrued upon the writ, sell the property advertised to the highest bidder. The officer shall deduct from the proceeds of the sale sufficient for the full satisfaction, if possible, of the execution and the officer's costs, expenses, and commissions, and return the writ, satisfied wholly or in part, paying the amount collected thereon to the plaintiff in execution or the plaintiff's attorney. [CC 1859, §1024; RL 1925, §2448; RL 1935, §4147; RL 1945, §10174; RL 1955, §233-43; HRS §651-44; gen ch 1985]
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