Hawaii Civil Procedure

Perfect title refers to a state of ownership resulting from a deed unblemished by liens or other defects. Such a deed provides the holder with clear ownership that cannot be challenged by a creditor or other claimant. The deed is in optimal condition for a smooth sale or transfer of property.

Steps for Perfecting a Judgment Once the Notice of Entry is signed and filed, the judgment can be perfected.This has the effect of making the judgment a lien of record against any real property owned by the judgment debtor. It can now be considered perfected.

The Limitation Act 1980 states that enforcement action cannot be commenced in respect of a Judgment Order after 6 years from the date upon which the Judgment became enforceable.Permission of the Court is required if a party wishes to enforce a Judgment debt which is more than 6 years old.

A judgment entered in the State of Hawaii is generally enforceable for period of seven (7) years (Section 9-12-60), and may be renewed by an action or by scire facias, at the option of the holder of the judgment, within three years from the time it becomes dormant (Section 9-12-61).

In most cases, judgments can stay on your credit reports for up to seven years. This means that the judgment will continue to have a negative effect on your credit score for a period of seven years. In some states, judgments can stay on as long as ten years, or indefinitely if they remain unpaid.

It is divided into five types unlike judgement which is final in itself. A decree may be final or preliminary. It is a formal declaration or adjudication and is conclusive in nature. A decree is of three kinds namely, preliminary decree, final decree and partly preliminary & partly final.

Renew the judgment Money judgments automatically expire (run out) after 10 years.If the judgment is not renewed, it will not be enforceable any longer and you will not have to pay any remaining amount of the debt. Once a judgment has been renewed, it cannot be renewed again until 5 years later.

A judgment is granted by the court when legal summons is issued and you fail to defend the summons or make payment of the amount claimed. A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts.

A perfected lien is a lien that has been filed with the appropriate filing agent in order to make the securing interest in an asset binding.A perfected lien provides legal documentation to prove that a creditor has a legal right to seize property in place of payments for which they are owed.

There are a few ways you can satisfy or avoid a lien altogether. The firstand most obviousoption is to repay the debt. If you pay off your obligation, the creditor will remove the lien. This is done by filing a release through the same place the lien was recordedthe county or state.