Complaint.

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§653-5 Complaint. The creditor of such beneficiary may bring the creditor's action against the creditor's debtor, and in the creditor's complaint allege, to the best of the creditor's knowledge:

(1) The office or employment held or pursued by the beneficiary, in or under what department, board, or bureau of government or subdivision of the State, where the beneficiary is resident and where chiefly so employed;

(2) The amount of the monthly salary, wages, or stipend or the annual salary of the beneficiary; and

(3) The name of the officer through whom the beneficiary is accustomed or entitled to draw the beneficiary's salary, stipend, wages, or annuity. [L 1890, c 50, §3; am L 1903, c 53, §2; am L 1921, c 66, §1; RL 1925, §2848; RL 1935, §4294; RL 1945, §10325; RL 1955, §238-5; HRS §653-5; gen ch 1985]

Revision Note

In paragraph (2), "and" added after ending punctuation pursuant to §23G-15.

Case Notes

Summons should not be quashed because declaration omits some statutory allegations if enough remains. 19 H. 387 (1909).

Statute authorizes naming auditor of Territory and clerk of senate in garnishee process. 19 H. 428, 430 (1909).

Cited: 23 H. 564, 566 (1916); 33 H. 602, 604 (1935).


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