If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.
Hawaii Release of Judgment Lien
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How to fill out Release Of Judgment Lien?
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FAQ
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.
Open accounts/written contracts: The Hawaii statute of limitations on open accounts and written contracts is six years. Credit card accounts, loans that do not fall within the ambit of the Uniform Commercial Code, and debts arising under other written agreements all fall under the same six year statute of limitations.
Contact the filing entity directly for detailed information regarding the lien. (For example, contact the Internal Revenue Service and/or Hawaii Department of Taxation for unpaid tax liens.)
How do I collect my money? If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
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.
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.
Most judgments expire in 10 years after entry unless the judgment creditor renews it. Expired means the court won't force the person to pay it anymore. So, if someone tries to collect a judgment that is more than 10 years old, they legally can't unless it's been renewed.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b) Judgment.
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.
