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Judgments and Enforcement:
A judgment issued by the Superior Court of the State of Hawaii may be enforced for a period of ten (10) years and may be renewed for an additional term of ten (10) years. (HRS 657-5.) Upon the recording of a certified copy of the judgment in the Bureau of Conveyances, it becomes a lien on the judgment debtor's real property. (HRS 636-3.)
A judgment creditor may enforce the judgment against the judgment debtor's non-exempt personal property upon the issuance of a writ of execution at any time during the life of the judgment. (HRS 651-31.) A judgment debtor's wages may also be garnished, but the amount which may be withheld cannot exceed 5% of the first $100 per month, 10% of the next $100, and 20% of any amount in excess of $200. (HRS 652-1.)
Confession by Judgment is permissible under the laws of the State of Hawaii. However, this type of judgment may be prohibited in consumer transactions relating to door to door sales, credit sales, residential rental agreement and employment agencies. (HRS 481C-2, 476-13, 373-11(9), 481C-2.)
Foreign Judgment:
The State of Hawaii generally adopts the Uniform Enforcement of Foreign Judgments Act. (HRS 636C.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the Stat of Hawaii.
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court an authenticated copy of the foreign judgment and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment issued by the Courts in Hawaii, and may be enforced or satisfied in like manner.
Interest:
- Legal rate: 10% per annum. (HRS 478-2.)
Written Contract rate: The parties to a contract may agreed in writting to any rate of interest except that such rate may not exceed 1% per month or 12% per annum in consumer transactions involving obligations that are less than $250,000. (HRS 478-4.)
Judgment rate: 10% per annum on all civil judgments. (HRS 478-3.)
- Exemptions:
- In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.
The State of Hawaii permits a judgment debtor to claim homestead exemption up to an amount of $30,000 in one parcel of real property if he is the head of a household or is 65 years of age or older. For a single person, such homestead exemption is $20,000. If the real property is jointly owned by more than one party, only one exemption may be claimed. (HRS 651-92.)
Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Hawaii may include all necessary household furnishings and appliances, books and wearing apparel of the debtor and his family members, jewelry, watches, and items of personal adornment up to an aggregate cash value of $1,000; one motor vehicle up to a value of $1,000 over and above all liens on the vehicle; any combination of tools, implements, instruments, uniforms, furnishing, books, equipment, and any other personal property that are necessary for the debtor's operation of his trade, business, or profession by which he earns his livelihood; one parcel of land, not exceeding 250 sq. ft. in size, in a graveyard; sale proceeds from debtor's property procured six months prior to the execution of the judgment; and wages which were earned within 31 days of the date before the date of the proceeding. (HRS 651-121.) |