Hawaii Release of Judgment Lien by Creditor

State:
Multi-State
Control #:
US-OG-540
Format:
Word; 
Rich Text
Instant download

Description

If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.

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FAQ

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.

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).

A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.

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 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.

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.

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.

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Hawaii Release of Judgment Lien by Creditor