Ditto v. McCurdy (Haw. 2003)

Decided: 2003-10-30. Opinion

Source note (2026-10-18):

• Links on this page to https://static.case.law/haw/102/cases/0518-01.json are an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.

Facts

A malpractice judgment creditor obtained a writ directing seizure of the judgment debtor’s nonexempt personal property; the challenged levy occurred after the writ’s return day. Opinion

Holding and disposition

The court reversed denial of the debtor’s motion to quash: an execution writ cannot be levied after its sixty-day return day; a sale founded on the late levy is void. An alias execution is the lawful alternative. Its additional discussion counsels identifying the person whose property can be taken and complying with chapter 651’s express form/content requirements; it does not hold every failure to list particular goods automatically void. Justice Acoba agreed with the late-levy result but dissented from part of the writ-form guidance, favoring an explicit debtor-identification requirement. Third-party spousal property had also been released; the judgment did not authorize seizure of anyone’s goods merely because they were in the apartment. Opinion

Reasoning and practical scope

Full majority and Acoba separate opinion verified. Current 651-34/-38 retain return-day and alias-writ provisions. Barnes v. Sea Hawaii Rafting, D. Haw. Aug. 27, 2020, Doc. 743, pp. 4, 6–8, expressly applies Ditto’s return/form rules and says the writ need not precisely identify each asset. This is actual later primary treatment, not an exhaustive citator certificate. Opinion; Primary text; HRS 0651–0034; HRS 0651–0038

Verification and treatment

The full opinion body and separate opinion was checked. The source is a full reported-opinion reproduction in the Harvard Caselaw Access Project, not a headnote or official court-hosted original. Targeted primary treatment/current-statute checks are described, without representing an exhaustive later-history or still-good-law certification. Original body and SHA-256 are retained in the Hawaii evidence register.

Applies in

hawaii · personal-property-execution-sales-by-state

Legal information, not legal advice. Last verified: 2026-10-18. Consult qualified local counsel about an actual dispute.