Hawaii Complaint to Adjudicate Title

State:
Multi-State
Control #:
US-01588
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit to adjudicate title. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your complaint.
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FAQ

The summons shall (1) be signed by the clerk, under the seal of the court, (2) contain the name of the court, the names of the parties, and the date when issued, (3) be directed to the defendant, (4) state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, (5) state the time ...

Hear this out loud PauseFiling Deadline in Hawaii's Small Claims Courts You have a limited amount of time to bring a lawsuit no matter which Hawaii court you file in. The statute of limitations for Hawaii cases is six years for contracts, two years for personal injury and personal property damage cases.

Rule 11 - Signing of Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is unrepresented, shall be signed by the party.

The Small Claims Court hears your case if: The amount disputed doesn't exceed $5,000. Or, in a counterclaim, no more than $40,000 is requested. Claims up to $40,000 are heard by the Regular Claims Division.

Hear this out loud PauseTo file a claim, you must do the following: Visit the Small Claims Court clerk at the main Small Claims Court for Honolulu at 1111 Alakea Street (corner of Alakea and Hotel Streets), Honolulu, Hawaii or call at (808) 538-5151. The place the dispute started. Have the sheriff serve the notice to each defendant.

As a result of the court proceeding, the court will issue ?Letters Testamentary? or ?Letters of Administration? (if no will). These ?Letters? allow the personal representative to find, secure and manage assets during the probate process.

Hear this out loud PauseThe judge will give their decision or 'judgment' at the end of the hearing and briefly explain the reasons. If the case is decided without a hearing or one side doesn't attend, the court will send a copy of the judge's reasons to each side. If you win, the judge will order the defendant to pay you.

Hear this out loud PauseFile a personal injury lawsuit: In Hawaii, you have two years from the date of the accident to file a lawsuit for compensation. Filing the suit may press the insurance company to make a better settlement offer before going to trial, which is the riskier option.

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Hawaii Complaint to Adjudicate Title