§651-18 - Discharge of writ when improperly issued. - Hawaii Statutes

     §651-18  Discharge of writ when improperly issued.  The defendant may at any time after the defendant has appeared in the action, either before or after the release of the attached property, or before any attachment has been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to the judge thereof, that the writ of attachment be discharged, on the ground that the same was improperly issued.  If upon the application, it satisfactorily appears that the writ of attachment was improperly issued, it shall be discharged. [L 1905, c 84, §18; RL 1925, §2822; RL 1935, §4207; RL 1945, §10158; RL 1955, §233-18; HRS §651-18; gen ch 1985]

 

Case Notes

 

  Not sufficient ground for dissolving writ that property levied upon is exempt from seizure under writ.  25 H. 483, 491.

  Order denying motion to vacate writ is not final and not appealable.  51 H. 242, 456 P.2d 222.

  Challenge to issuance of writ of attachment improper collateral attack as challenge to sufficiency of attachment bond not jurisdictional.  81 H. 270, 916 P.2d 680.