Hawaii Bank Account Garnishment After a Judgment

Bank account garnishment can reach non-exempt funds available when the summons is served — unlike wage garnishment, it does not take a percentage each pay period. But Hawaii has a specific procedural hurdle you must clear before the court will issue the garnishee summons, and federal rules protect certain deposits even after the account is frozen.

The DCRCP Rule 70(a)(1) Declaration

This is where most people trip up. Before the court will issue a garnishee summons against a bank, DCRCP Rule 70(a)(1) requires you to file a separate sworn declaration stating specific facts that lead you to believe the funds in the account are not traceable to non-garnishable sources.

Non-garnishable sources include Social Security benefits, Supplemental Security Income (SSI), Veterans Affairs payments, civil service retirement, and other federal benefits. Under 31 CFR Part 212, the bank reviews the prior two months of deposits and protects qualifying federal-benefit direct deposits up to the total amount deposited during that lookback period.

The judge reviews your declaration before the clerk can issue the summons. A vague statement like "I believe the funds are garnishable" is insufficient — you need to explain why you believe the account holds wages, business income, or other non-exempt funds.

The Garnishment Process

Under DCRCP Rule 70(c), you cannot file the post-judgment motion for a garnishee summons until 10 days have elapsed since entry of judgment.

Once your declaration passes judicial review:

1. File the motion. Submit the Ex Parte Motion for Issuance of Garnishee Summons After Judgment (Form 1DC29 on Oahu, 3DC29 on the Big Island) with your Rule 70 declaration and a copy of the certified judgment.
2. Clerk issues the summons. The Garnishee Summons (Form 1DC32 / 3DC32) is directed to the bank.
3. Serve the bank. The summons must be served on the bank by a deputy sheriff or process server. Upon receiving it, the bank places a hold on garnishable funds in the account.
4. Bank reviews for exempt funds. Under federal regulation 31 CFR Part 212, the bank reviews two months of deposits and protects qualifying direct deposits from covered federal benefit programs up to the total amount deposited during that lookback period.
5. Bank files disclosure. The bank responds to the court with a Garnishee Disclosure (Form 1DC26 / 3DC26) stating the account balance, any exempt amounts, and the net amount available.
6. Court issues the garnishee order. The judge orders the bank to remit the non-exempt funds to you.

Joint Accounts

If the debtor's bank account is jointly held with someone who is not a party to the judgment, things get complicated. A judgment against one account holder does not automatically reach funds deposited exclusively by the other. The non-debtor co-owner can file a motion to release their portion, providing proof that specific deposits came from their own income.

As a practical matter, banks often freeze the entire joint account upon receiving a garnishee summons, leaving the non-debtor to prove ownership. If you know the account is joint and the debtor's deposits are minimal, a bank garnishment may yield less than you expect after the co-owner files for release.

How This Differs From Wage Garnishment

Wage garnishment takes a percentage each pay period and runs continuously. Bank garnishment captures non-exempt funds available in the account when the summons is served — it is a one-time hold. If the balance does not cover the full judgment, you can file another garnishee summons later when you believe the account has been replenished, though each round requires a new filing and service fee.

Bank garnishment is particularly effective for security deposit cases where the landlord received rent checks from you — you already know which bank they use. It is also useful when the debtor is self-employed and does not have wages to garnish.

Costs

You pay the process service fee to have the summons delivered to the bank (typically $30–$50), plus the court filing fee. Only court-approved post-judgment expenses may be added to the balance.

Our Hawaii Judgment Collection Guide walks through the bank garnishment process with the exact declaration language, forms, and procedures for each judicial circuit.

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