Hawaii Release of Judgment Lien on Properties and Assets of Defendant

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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.

The Hawaii Release of Judgment Lien on Properties and Assets of Defendant is a legal document that signifies the removal or release of a judgment lien from the properties and assets of a defendant in Hawaii. A judgment lien is often imposed when a court grants a judgment in favor of a creditor, allowing them to claim a portion of the debtor's assets or property to satisfy the outstanding debt. A Hawaii Release of Judgment Lien is an essential legal procedure that offers relief to defendants who have settled their debts or had the judgment in their favor overturned. By filing this document, the defendant ensures that the judgment lien no longer encumbers their properties and assets, providing them with a fresh start and the opportunity to freely utilize their assets without the looming threat of seizure or foreclosure. Different types of Hawaii Release of Judgment Lien on Properties and Assets of Defendant include: 1. Voluntary Release: This type of release is filed by the creditor when the defendant has paid the judgment debt in full or a settlement has been agreed upon. It confirms that the judgment lien is no longer enforceable, ensuring the defendant's properties and assets are no longer affected. 2. Release due to Set Aside or Reversal of Judgment: If the defendant successfully appeals the original judgment or manages to have it set aside through legal means, they can request this type of release. It acknowledges that the judgment is now void, and any associated lien must be released. 3. Release based on Expiration of the Judgment: Judgments have a limited lifespan, typically ranging from 10 to 20 years in Hawaii. Once the judgment period expires, the defendant can file for a release of judgment lien, as the creditor can no longer enforce the judgment or maintain the lien on their properties and assets. It is crucial to file a Hawaii Release of Judgment Lien on Properties and Assets of Defendant promptly and accurately to safeguard one's properties and assets from potential seizure or foreclosure. This document serves as evidence that the judgment lien has been effectively removed, allowing the defendant to regain control and ownership of their properties and assets. Consulting with a legal professional or using online legal services can assist in accurately preparing and filing the necessary release documents in compliance with Hawaii state laws and regulations.

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FAQ

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.

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A judgment lien is a court ruling giving a creditor the right to take possession of a debtor's property if the debtor doesn't fulfill their obligations. Apr 6, 2015 — Thus, a certified copy of the abstract of judgment should be filed in the appropriate location(s) where real property of the judgment debtor is ...The purpose of this Act is to clarify that money judgments are considered valid liens against all real property, including registered property, when recorded  ... Aug 27, 2020 — 69(a)(1). A writ of execution on the property of a debtor-defendant must comply with the statutory requirements of Hawaii Revised. Statutes ... A judgment lien on real or personal property expires after 20 years. Fla. Stat. § 55.081. GEORGIA. A judgment becomes dormant and unenforceable when seven years. Any money judgment, order, or decree of a state court or the United States District Court for the District of Hawaii shall be a lien upon real property when a ... Sep 16, 2017 — Currently, one must comply with the following procedure for recording a money judgment as a lien upon land court property: Every ... A judgment lien is security for the judgment debt. Usually, the lien covers only the personal and real property of the debtor located within the county where ... herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs. Form 14. Reserved. Form 15. Reserved. Form 16 ... On or about December 15, 2004, the State filed a lien against the Property based on Kageyama's unpaid state taxes. On or about February 28, 2005, Discover filed ...

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Hawaii Release of Judgment Lien on Properties and Assets of Defendant