Execution is a procedure that enables a judgment creditor to have the judgment debtor’s real or personal property located in Hawaii sold after obtaining a Hawaii judgment. This procedure normally begins with the judgment creditor obtaining a writ of execution. A writ of execution is a court order granted by a court in an attempt to satisfy a judgment obtained by the judgment creditor.
When issuing a writ of execution, a court typically will order a sheriff or other similar officer to levy property owned by a judgment debtor. The officer is required to make an inventory of all property levied upon which will often be sold in a sheriff’s sale.
The sheriff must post a written or printed notice in three conspicuous places within the district where the property is located, and if on Oahu, advertise in one or more newspapers at least three times. The actual sale of the property is to the highest bidder and the sheriff will deliver a certificate of purchase or conveyance. The proceeds of the sale will be used to pay the judgment creditor in partial or full satisfaction of the judgment.
All of the judgment debtor’s Hawaii property, both real and personal, or any interest in them and all Hawaii property levied on under attachment, is subject to execution unless certain real and personal property is exempted from attachment and execution. In the case of exempt property, the execution process becomes more complicated because the sheriff and the judgment creditor may be liable for all damages and costs sustained by the owner resulting from the seizure or sale of any exempt property.
As you can see, there are a number of issues that you will need to consider when attempting to have your judgment debtor’s real or personal property sold after obtaining a judgment. An attorney can assist you in identifying those issues and discussing the risks involved, particularly when executing against property that may be exempt.
Contact us now and we can help you with the execution of your judgment against your judgment debtor’s property in Hawaii.
