(a) For service of process, the director shall maintain a list of independent civil process servers to process:

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Terms Used In Hawaii Revised Statutes 353C-11

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Department: means the department of law enforcement. See Hawaii Revised Statutes 353C-1
  • Director: means the director of law enforcement. See Hawaii Revised Statutes 353C-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Service of process: The service of writs or summonses to the appropriate party.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(1) Orders to show cause pursuant to chapters 603, 604, and 633;
(2) Garnishment pursuant to chapter 652;
(3) Writs of replevin and attachment pursuant to chapter 634;
(4) Writs of possession pursuant to chapters 501 and 666;
(5) Orders for examination pursuant to chapter 636; and
(6) Writs of attachment or execution pursuant to chapter 651.
(b) Any independent civil process server may submit the server’s name to the director to be placed on the list;

provided that a person shall not be placed on the list if the person:

(1) Is serving a criminal sentence;
(2) Has been convicted of a crime within the previous ten years;
(3) Is required to register as a sex offender;
(4) Is subject to any other legal restriction, including a temporary restraining order, that prevents the person from serving process; or
(5) Cannot provide a copy of a current State of Hawaii general excise tax license.
(c) The department, the State, and the agencies, officers, and employees of the department or the State shall not be responsible or liable for the actions of any independent civil process servers on the list. The maintenance of the list shall not create a private cause of action against the department, the State, or the agencies, officers, and employees of the department or the State.
(d) Placement of a person’s name on the list shall not make the person a law enforcement officer, sheriff or deputy sheriff, or an employee or agent of the State.

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