INTERN. SAV. AND LOAN ASS'N v. Wiig

921 P.2d 117
CourtHawaii Supreme Court
DecidedJuly 12, 1996
Docket18232
StatusPublished
Cited by5 cases

This text of 921 P.2d 117 (INTERN. SAV. AND LOAN ASS'N v. Wiig) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
INTERN. SAV. AND LOAN ASS'N v. Wiig, 921 P.2d 117 (haw 1996).

Opinion

921 P.2d 117 (1996)
82 Hawai`i 197

INTERNATIONAL SAVINGS AND LOAN ASSOCIATION, LIMITED, Plaintiff-Appellee,
v.
Howard Calvert WIIG, Defendant-Appellant, and
Association of Apartment Owners of Kona Kai, John Does 1-50, Jane Does 1-50, Doe Partnerships 1-50, Doe Corporation 1-50, Doe Entities 1-50, Doe Governmental Units 1-50, Defendants.

No. 18232.

Supreme Court of Hawai`i.

July 12, 1996.

*118 Steven Guttman and Susan A. Ing, on the briefs, Honolulu, for defendant-appellant.

Robert M. Ehrhorn, Jr., on the briefs, Honolulu, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

KLEIN, Justice.

The salient issue in this case is whether a garnishment of wages survives the expiration of a ten year statutory limitation pursuant to Hawai`i Revised Statutes (HRS) § 657-5 (1993) on the life of the underlying judgment. We answer in the negative and accordingly reverse the trial court's order denying appellant's motion to set aside the garnishee order, release the garnishee, and reimburse appellant for the funds garnished after the limitation period had run against the judgment.

I. FACTS

On March 8, 1984, International Savings and Loan Association (International Savings) secured a judgment against Howard Calvert Wiig in the amount of $36,664.49 following a civil foreclosure action. On May 21, 1984, International Savings filed a motion for the issuance of a garnishee summons to enforce the judgment. On July 11, 1984, the circuit court entered a garnishee order directing the Comptroller of the State of Hawai`i, as Wiig's employer, to withhold a certain portion of Wiig's salary and to pay it over to International Savings until the balance of the judgment, plus legal interest, was fully paid.

Pursuant to the garnishee order, Wiig's wages were garnished from May 31, 1984, until the garnishee, State of Hawai`i, was released on July 7, 1994. On April 5, 1994, Wiig moved to set aside the garnishee order, release the garnishee and obtain reimbursement for funds garnished after the expiration of the judgment on March 8, 1994.

On June 23, 1994, the circuit court denied Wiig's motion, concluding that:

"The garnishment action was commenced before the expiration of ten years while the [j]udgment was still valid. Thus the garnishee order continues in effect until *119 the satisfaction of the judgment. The Movant must show satisfaction of the judgment and may not rely upon the statutory presumption of satisfaction of the judgment."

Wiig thereafter timely appealed.

II. STANDARD OF REVIEW

"The interpretation of a statute is a question of law reviewable de novo. When construing a statute, our foremost obligation is to ascertain and give effect to the intention of the legislature, which is to be obtained primarily from the language contained in the statute itself." Richardson v. City and County of Honolulu, 76 Hawai`i 46, 63, 868 P.2d 1193, 1210, reconsideration denied, 76 Hawai`i 247, 871 P.2d 795 (1994) (citations and internal quotation marks omitted). Therefore, "the fundamental starting point for statutory interpretation is the language of the statute itself.... And where the statutory language is plain and unambiguous, our sole duty is to give effect to its plain and obvious meaning." Id.

III. DISCUSSION

A. The circuit court erred in ruling that HRS § 657-5 was not applicable because International Savings commenced the garnishment proceeding prior to the expiration of the judgment.

Hawai`i Revised Statute § 657-5 (1993) provides that:

Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended. No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered. A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree. No extension shall be granted without notice and a hearing.

(Emphases added.) The plain language of HRS § 657-5 clearly mandates that all judgments and decrees be deemed extinguished after ten years unless timely renewed. HRS § 657-5 places the burden on the judgment creditor to seek judicial extension of the judgment prior to the expiration of the ten year statutory period; otherwise, the judgment is presumed to be "paid and discharged" as a matter of law.

In the instant case, it is uncontroverted that International Savings did not renew or extend its judgment against Wiig before the ten years period had run. Accordingly, pursuant to the plain language of HRS § 657-5, the judgment expired on March 8, 1994 — ten years after the original judgment was rendered.

International Savings maintains, however, that the garnishment order "tolled" the life of the judgment beyond the ten year period. We disagree. HRS § 657-5 is a statute of repose that compels the exercise of a right within the statutorily defined period of time. Cf. Cochran v. Pflueger Automobiles, Inc., 72 Haw. 460, 464, 821 P.2d 934, 936 (1991) ("the primary purpose of a statute of limitation is to compel the exercise of a right of action within a reasonable time."); 51 Am.Jur.2d Limitations of Actions §§ 16 and 17 (1985). In this respect, HRS § 657-5 provides the judgment creditor a ten year interval within which to attempt collection of the judgment. If the judgment is not satisfied within the prescribed period, the judgment creditor may extend or renew the judgment for an additional ten year term. If the judgment creditor fails to secure the extension within the ten years, the judgment and all the rights and remedies appurtenant to that judgment terminate. Consequently, the garnishment order does not "toll" the life of the judgment beyond the statutorily allowed period.

If we were to subscribe to International Savings's interpretation of HRS § 657-5, a judgment creditor could garnish a debtor's wages indefinitely beyond the twenty year *120 maximum life of judgments.[1] This would completely defeat the intent and purposes of HRS § 657-5

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Bluebook (online)
921 P.2d 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/intern-sav-and-loan-assn-v-wiig-haw-1996.