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BETTS v. RELIABLE COLLECTION AGENCY, LTD.

Civ. No. 76-0123.

422 F.Supp. 1140 (1976)

Patricia BETTS and Donald Musumeci, Individually and on behalf of all others similarly situated, Plaintiffs, v. RELIABLE COLLECTION AGENCY, LTD., a Hawaii Corporation, Individually and on behalf of all persons similarly situated, et al., Defendants.

United States District Court, D. Hawaii.

November 26, 1976.

Attorney(s) appearing for the Case

Paul Alston, Stanley E. Levin, Legal Aid Society of Hawaii, Honolulu, Hawaii, for plaintiffs.

James P. Dandar, Deputy Atty. Gen., Ronald Y. Amemiya, Atty. Gen., Honolulu, Hawaii, for defendant Helen Coltes.

DECISION AND ORDER

SAMUEL P. KING, Chief Judge.

This is an action brought by two judgment debtors against their judgment creditors, a collection agency and against Helen Coltes in her capacity as the clerk of the District Court of the First Circuit Court of the State of Hawaii. Plaintiffs seek a declaration that the postjudgment garnishment procedures provided in H.R.S. § 652-1(b) are unconstitutional since the postjudgment debtors are not afforded...

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