Hawaii Examination of Judgment Debtor: Form 1DC44 and the Process

You have a Hawaii small claims judgment but no idea where the debtor works, banks, or what they own. Without that information, you cannot garnish wages, freeze a bank account, or levy on property. The debtor examination — formally called the Order for Examination of Judgment Debtor — is how you get it.

What the Debtor Examination Does

Under DCRCP Rule 69, a judgment creditor can ask the court to order the debtor to appear and answer questions under oath about their finances. The court order acts as a subpoena duces tecum, meaning the debtor must bring documents: pay stubs, bank statements, tax returns, vehicle titles, and records of any real estate they own.

This is the standard first step when a debtor does not pay voluntarily, because you need to know what exists before you can go after it.

Which Form to File

The form depends on which judicial circuit handled your case:

• First Circuit (Oahu): Form 1DC44 — Ex Parte Motion for Examination of Judgment Debtor(s); Declaration; Order for Examination
• Third Circuit (Big Island): Form 3DC44 — same title, different circuit prefix

Both are available as free PDFs on the Hawaii State Judiciary website. The motion includes a declaration under penalty of perjury confirming that the judgment remains unsatisfied. Attach a copy of the court-certified judgment.

Wait 10 days after entry before starting this post-judgment enforcement proceeding. DCRCP Rule 62(a) bars proceedings to enforce a judgment during that period unless the court allows earlier action.

Serving the Order

The court issues the examination order, and you are responsible for having it personally served on the debtor by a deputy sheriff or authorized civil process server. Standard mail does not satisfy the service requirement.

One critical deadline: the Order for Examination becomes void if it is not served within six months of its issuance date. If you miss that window, you need to file a new motion.

What Happens at the Hearing

The debtor appears at the courthouse on the date specified in the order. They are placed under oath by the judge or court officer, and you (or your attorney, if you have one) ask questions about:

• Current employer, position, and pay frequency
• Bank account numbers and balances
• Vehicles and their approximate values
• Real property owned in Hawaii
• Other debts, loans, or obligations
• Accounts receivable or money owed to them

Take notes. The answers you get here determine which enforcement tool to use next — wage garnishment, bank garnishment, or a writ of execution.

If the Debtor Does Not Show Up

A debtor who was properly served and fails to appear may be subject to civil contempt proceedings. You can ask the court to issue a bench warrant (Form 1DC03 on Oahu, 3DC03 on the Big Island) for their arrest. This is not imprisonment for debt — it is a consequence for ignoring a lawful court order to appear.

If the debtor later complies or pays the judgment in full, you file an Ex Parte Motion for Discontinuance of Order for Examination and Recall of Bench Warrant (Form 1DC19 / 3DC19).

After the Examination

With the debtor's financial information in hand, you choose your enforcement path:

• Employed? File for wage garnishment under HRS Chapter 652
• Has bank accounts? File a bank garnishment summons
• Owns tangible property? Request a writ of execution under HRS Chapter 651
• Owns real estate? Record a judgment lien at the Bureau of Conveyances

The debtor examination is free to file (no additional fee beyond the original case costs), though you will pay for process service — typically $30 to $50 depending on the server and island.

Our Hawaii Judgment Collection Guide includes the complete debtor examination procedure with a list of questions to ask and a form-by-form walkthrough for every circuit.

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