Rent garnishment

[Bng808]

What is the name of your state?
Hawaii

I currently have a judgment against my landlord. Can I collect the judgment amount, in regards to the rent they pay him, from the other tenants to satisfy the judgment? If so, how is this done?

 

[quincy]

What is the name of your state?
Hawaii

I currently have a judgment against my landlord. Can I collect the judgment amount, in regards to the rent they pay him, from the other tenants to satisfy the judgment? If so, how is this done?

No.

 

[LdiJ]

No.

Are you sure that it is a flat out no?...for Hawaii?

 

[Taxing Matters]

No.

I disagree. In every state I'm familiar with rent payments owed to a judgment debtor are fair game for attachment by the judgment creditor. Indeed, I'd be surprised if any state prohibited that. With regard to Hawaii specifically, Hawaii Revised Statute (HRS) § 652-1 is quite broad and authorizes, among other things, the garnishment of "(2) Any debt then owing from the garnishee to the defendant". Rent owed by a tenant to the judgment debtor is certainly a debt owed by the tenant to the judgment debtor and thus would be subject to garnishment under this section unless exempt under some other provision of Hawaii law. The statute that provides exemption from attachment for individual debtors for personal property (other than wages owed to the judgment debtor) is HRS § 651-121. Nothing in that statute excludes rent payments. So unless you have a citation to a Hawaii statute that exempts attachment of rent payments I would say that, like in pretty much every other state, a judgment creditor in Hawaii may indeed attach the rent owed to the judgment debtor by the judgment debtor's tenants.

 

[quincy]

I disagree. In every state I'm familiar with rent payments owed to a judgment debtor are fair game for attachment by the judgment creditor. Indeed, I'd be surprised if any state prohibited that. With regard to Hawaii specifically, Hawaii Revised Statute (HRS) § 652-1 is quite broad and authorizes, among other things, the garnishment of "(2) Any debt then owing from the garnishee to the defendant". Rent owed by a tenant to the judgment debtor is certainly a debt owed by the tenant to the judgment debtor and thus would be subject to garnishment under this section unless exempt under some other provision of Hawaii law. The statute that provides exemption from attachment for individual debtors for personal property (other than wages owed to the judgment debtor) is HRS § 651-121. Nothing in that statute excludes rent payments. So unless you have a citation to a Hawaii statute that exempts attachment of rent payments I would say that, like in pretty much every other state, a judgment creditor in Hawaii may indeed attach the rent owed to the judgment debtor by the judgment debtor's tenants.

It sounded to me that Bng808 wanted to approach the tenants and have them pay him directly. That was to what my “no” referred. If Bng808 was asking if rent payments are an asset subject to attachment, my answer changes.

 

[Just Blue]

It sounded to me that Bng808 wanted to approach the tenants and have them pay him directly. That was to what my “no” referred. If Bng808 was asking if rent payments are an asset subject to attachment, my answer changes.

FWIW That is what it sounded like to me as well.

 

[Taxing Matters]

It sounded to me that Bng808 wanted to approach the tenants and have them pay him directly. That was to what my “no” referred. If Bng808 was asking if rent payments are an asset subject to attachment, my answer changes.

Then, while brevity is admirable, may I suggest that your one word response to the OP was a bit too brief as it could have lead the OP to think that there was no way to reach those rent payments.

 

[quincy]

I agree. My late night response was brief. I was going with the whole “brevity is the soul of wit” vibe.

 

[adjusterjack]

It sounded to me that Bng808 wanted to approach the tenants and have them pay him directly.

FWIW That is what it sounded like to me as well.

That's not how I read it.

Can I collect the judgment amount, in regards to the rent they pay him, from the other tenants to satisfy the judgment? If so, how is this done?

The question was followed by a second question "How is this done?," implying that OP has some inkling that there was a "process" involved other than just walking up to the tenants and asking for the money.

My response would have been "yes" as I was already aware that there is a process for levying "receivables."

 

[quincy]

That's not how I read it.



The question was followed by a second question "How is this done?," implying that OP has some inkling that there was a "process" involved other than just walking up to the tenants and asking for the money.

My response would have been "yes" as I was already aware that there is a process for levying "receivables."

It is too bad you weren’t around last night to counter my “no” with your “yes” then.

I actually expected Bng808 to stick around the forum longer than 2 minutes after his initial posting.

 

[adjusterjack]

It is too bad you weren’t around last night to counter my “no” with your “yes” then.

I was engrossed in a good movie.

 

[quincy]

I was engrossed in a good movie.

Probably a better use of time. Haha.

 

[zddoodah]

Can I collect the judgment amount, in regards to the rent they pay him, from the other tenants to satisfy the judgment?

You certainly can try.

If so, how is this done?

By educating yourself about Hawaii laws governing enforcement of civil money judgments and means of levying. If you were thinking that someone on an internet message board might provide any sort of "how to" guide, that not likely to happen (although "Taxing Matters" pointed you in the right direction). For starters, the likelihood that anyone who knows about that area of law in one of the least populous states in the country is very low.

How much is your judgment for?

 

[quincy]

This video from the Legal Aid Society of Hawaii on how to collect on a judgment is helpful:

 

[Bng808]

Thank you for all of the replies. Yes I meant garnishment.