$0 Hawaii Small Claims Collection Checklist

How to Find Debtor Assets in Hawaii After a Judgment

You cannot garnish a bank account you do not know exists. You cannot levy on property you cannot locate. Asset discovery is the step that separates judgment holders who collect from those who do not, and Hawaii provides several ways to get the information you need.

The Court-Ordered Debtor Examination

The primary tool is the Order for Examination of Judgment Debtor under DCRCP Rule 69. You file an ex parte motion (Form 1DC44 on Oahu, 3DC44 on the Big Island), and the court orders the debtor to appear and disclose their finances under oath.

Wait 10 days after judgment entry before starting this enforcement proceeding under DCRCP Rule 62(a), unless the court directs earlier action.

The order functions as a subpoena duces tecum — the debtor must bring pay stubs, bank statements, tax returns, vehicle titles, and real estate documents. This is not a request. Failure to appear after personal service can result in a bench warrant for civil contempt.

This is your most direct route to learning where the debtor works, where they bank, and what they own.

What You Already Know

Before filing anything, inventory what you already have from the original lawsuit:

  • Checks the debtor wrote to you: The bank name and routing number are printed on every check. That tells you which institution to target with a garnishee summons.
  • The debtor's address: Property tax records are public. If the debtor owns their home, the county real property tax website shows it. Hawaii's four counties each maintain searchable online databases.
  • Their employer during the lawsuit: If the debtor mentioned employment in the original hearing or any submitted documents, that information is already part of your case record.
  • Prior correspondence: Letters, invoices, or contracts may list the debtor's business address, employer, or DBA name.

Public Records Searches

Hawaii makes several categories of information publicly accessible:

Real property records: The Bureau of Conveyances maintains statewide records for all land transactions. Search by the debtor's name to find deeds, mortgages, and existing liens. If they own property, you know where to record a judgment lien.

eCourt Kokua: The judiciary's online case search portal shows public District Court and Circuit Court civil case records. Check if other creditors have already obtained judgments against the same debtor — their filings may identify assets you did not know about.

Motor vehicle records: County finance departments handle vehicle registration. While not all records are directly searchable online, a debtor examination can compel disclosure of vehicle ownership.

Business registrations: The Hawaii Department of Commerce and Consumer Affairs (DCCA) maintains a searchable database of business entities. If the debtor operates a business, you can identify the entity name, registered agent, and filing history.

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What You Cannot Do

A direct request does not compel an employer or bank to disclose financial records; use court-supervised discovery, such as a debtor examination or subpoena, or the formal garnishment process to obtain required disclosures. You cannot use pretexting, impersonation, or unauthorized access to financial records.

If specific facts lead you to conclude that funds in an account at a particular bank are not traceable to non-garnishable sources, you can seek a bank garnishee summons targeting that institution. DCRCP Rule 70(a)(1) requires a separate declaration stating those facts, which the judge reviews before issuing the summons. If the debtor has no account there, the bank responds to the summons with a disclosure stating so — you do pay the process service fee with no return.

Former Tenants Collecting Security Deposits

Tenant-creditors often have a built-in advantage in asset discovery. You paid rent to this landlord, usually by check or direct transfer, so you already know their bank. Rental agreements typically include the landlord's full legal name and mailing address. If the landlord owns the rental property, that ownership is public record at the Bureau of Conveyances.

These existing data points can let you skip the debtor examination entirely and go straight to a bank garnishment or judgment lien recording.

Our Hawaii Judgment Collection Guide covers every asset discovery method with the specific forms and steps for each circuit.

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