A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor."
Judgment liens may be created through a wide variety of circumstances. Laws regarding judgment liens vary by jurisdiction, so local laws should be consulted.
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Methods to collect judgments are governed by state and federal laws. The court cannot act as a collection agency; however, the plaintiff, with the help of court forms for collection proceedings, can garnish a defendant's wages and/or bank accounts to collect the judgment.
The lien shall expire three months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to collect the amount due thereon by enforcing the same.
After demand and refusal of the amount due or upon neglect to pay same upon demand, the lien may be enforced by action filed in the circuit court of the circuit in which the property is situated.
Any person claiming a lien shall apply therefor to the circuit court of the circuit where the property is situated. Such "Application For A Lien" shall be accompanied by a written "Notice Of Lien" setting forth the alleged facts by virtue of which the person claims a lien.
How long does a judgment lien last in Hawaii? A judgment lien in Hawaii will remain attached to the debtor's property (even if the property changes hands) for as long as the underlying judgment is valid.
Under this section, judgment, together with all rights and remedies appurtenant to it, are conclusively presumed paid and discharged after ten years unless timely renewed.
Hawaii's lis pendens statute provides that ?[i]n any action concerning real property or affecting the title or the right of possession of real property? a notice of pendency of the action may be recorded in the state bureau of conveyances, state court or United States District Court. HRS § 634-51.
