In Hawaii, judgment records are civil court records generated during the resolution of a civil lawsuit. They bear information about a court's final ruling in the case.
The Hawaii Uniform Information Practices Act (UIPA) mandates public access to government records to improve governmental accountability. Hence, like Hawaii court records, judgment records of civil proceedings conducted in the Hawaii courts are available upon request to members of the public. Interested parties can request access to judgment records generated in the state by querying the courts.
What is a Judgment?
In Hawaii's legal system, a judgment is a court decision that establishes the rights and liabilities of the parties to a civil dispute.
A judgment is used to address legal matters brought to a court in a final and authoritative manner. The most common type of judgment handed down by courts in Hawaii places personal liability on the parties involved in the dispute. This obligation usually entails paying a specific amount of money or performing or refraining from a particular act.
Other than outlining the obligations of the parties to a suit, a judgment will also state the rationale behind the court's decision. Every judgment rendered by a Hawaii court is specific and binding on all parties involved.
Hawaii Judgment Laws
Part VII, Rule 54 of the Hawaii Rules of Civil Procedure establishes the legal procedures for civil judgments in Hawaii. These rules outline the processes that must be followed by the courts in rendering judgments and guide case parties on the relevant procedures to enforce, reverse, and revive judgments.
What is Judgment Lien?
A judgment lien (also known as an "abstract of judgment") is an involuntary lien that can be attached to a judgment debtor's property or assets. Because debtors do not always pay their debts, the lien ensures that the person who obtained the judgment (the creditor) is compensated. The judgment lien grants the creditor the right to be paid a specific sum from the debtor's property's sale proceeds.
Any judgment lien established in Hawaii remains attached to the debtor's real property for as long as the underlying judgment is valid or until the judgment is cleared.
What is a Hawaii Summary Judgment?
A summary judgment in Hawaii allows one party to win a lawsuit without a court trial. Typically, the courts use summary judgments to resolve cases when facts are not in dispute, and it is obvious which side the law favors. Rule 56 of the Hawaii Rules of Civil Procedure sets forth the state's summary judgment process.
What is A Summary Judgment Motion In Hawaii?
A summary judgment motion requests that a civil case in Hawaii be decided without a trial. Any party (the plaintiff or defendant) can file a petition for summary judgment under Rule 56 of the Rules of Civil Procedure.
Anyone seeking to recover on a claim or counterclaim may file a motion for a summary judgment, with or without supporting documents and affidavits. As usual, each party has the burden of providing evidence in a summary judgment motion. The moving party must show sufficient evidence to sustain a judgment in their favor. At the same time, the respondent must prove, with contradictory facts or evidence, that disputed facts exist for the court to deny the motion and the case to proceed to trial.
A summary judgment motion must be filed and served at least 18 days before the scheduled hearing date. Opposing memorandums or affidavits must be filed and served at least eight days before the hearing date. Any reply or affidavit by the moving party must be filed and served at least three days before the hearing date.
Ordinarily, the court will deliver a summary judgment immediately if the pleadings, depositions, responses, admissions, and affidavits on record indicate that there is no legitimate challenge to any statement of fact and that the moving party deserves a judgment as a matter of law.
Hawaii Judgment Record Search
Judgment record searches in Hawaii can be conducted in person or online. When attempting to search for judgment records in the state, the first step is determining which court addressed the case. If the records are not exempt from public disclosure, interested parties may inspect and copy them at the courthouses where the cases were heard.
The eCourt Kokua and Hoohiki are two online services provided by the Hawaii State Judiciary to ensure electronic access to judicial records. However, these databases do not disseminate all court documents generated in the state. As a result, if requested records are not available online, the next step is to contact the clerks of the courthouses where the records are maintained.
How Do I Look Up a Judgment In Hawaii?
Inquirers can search for judgment records in Hawaii using the state's online court records repositories, particularly the eCourt Kokua. The database provides public access to civil proceedings from the district and circuit courts.
There are three ways to locate court documents on the site:
- Party Search: Inquirers can use the names of people, businesses, and government agencies in the case or a case party's ID to view records.
- Vehicle Search: This uses a VIN or vehicle plate number to find and display records.
- Case Search: This search feature allows researchers to find case information with a case ID or citation number.
Judgment records are available for a fee on this site. The cost for regular and certified copies of a document is $3 and $5, respectively. Users can also pay $125 per quarter or $500 per year to get unrestricted downloads of the documents. Parties interested in using this medium to look up such records can review the state judiciary's Guide to Purchasing Documents on eCourt Kokua for information on using the database.
On the other hand, the Ho'ohiki database can be explored if the inquirer wants to find judgments entered in the family courts. Individuals can use party names or case numbers to search the database for case information. However, it is crucial to note that court documents cannot be retrieved with this online repository. Only information like the case title, document list, and party-list can be dispensed to the public. Individuals wishing to copy judgment records from family court civil cases must contact the legal documents branch of the courthouse where the case files are kept.
What Happens if You Have a Judgment Against You in Hawaii?
After any Hawaii court issues a judgment, state law mandates that the judgment debtor reimburse the judgment creditor for all costs set out in the court's decision.
Typically, a court will enter a judgment when a litigant wins their claim, or a defending party fails to come to court. Afterward, the court will mail a notice of the judgment entry to all parties involved in the case. Then, the judgment creditor can use that judgment and other court-approved measures to collect money from the debtor. The usual methods include wage garnishment and judgment liens.h
How Do I Find Out If I Have Any Judgments Against Me In Hawaii?
Generally, Hawaii court rules require that all motions filed or orders issued in a civil proceeding be mailed to all parties involved. As a result, in most situations, the court will inform an individual when a judgment has been entered against them. Parties to a lawsuit can also keep track of judgment entries by contacting the court where a lawsuit was filed for more information.
In addition, the Hawaii courts log all judgments rendered in the state. These records can be reviewed and copied upon request, and they contain the specifics of a judgment, including each party's responsibilities. Judgment records are obtainable from the court where a claim was filed or via the state's electronic court records database (eCourt Kokua and Hoohiki).
How Long Does A Judgment Stay On Your Record?
Unlike a criminal conviction, a civil judgment rendered in Hawaii does not create a record that can be sealed or expunged. Still, judgments are public information that can be found on the state's judiciary's website or via other means the courts provide.
However, a judgment might appear on a person's credit report for at least seven years or until it is cleared and satisfied. This can hurt one's credit rating.
How To Enforce A Judgment In Hawaii
Property executions are commonly used to enforce judgments in Hawaii. After receiving a Hawaii judgment, the judgment creditor can have the judgment debtor's real or personal property in Hawaii sold if the debtor fails to satisfy the judgment. The process of executing property is governed by Rule 69 of the Hawaii Rules of Civil Procedure and typically starts with obtaining a writ of execution from the court.
A writ of execution is an order released by a judge to enforce a judgment received by the judgment creditor. When issuing the document, the court will usually direct a sheriff or other similar officer to levy property owned by a judgment debtor. Any levied property, typically auctioned in a sheriff's sale, must be documented by the officer. The debtor's property will be sold to the highest bidder at the auction, and the sheriff will issue a certificate of purchase or conveyance. The proceeds from the sale will be used to pay the judgment in whole or in part.
How To Collect A Judgment In Hawaii
Once a Hawaii court renders a judgment, a judgment creditor (the favored party in the dispute) can collect the judgment immediately. The court can only issue a judgment and cannot function as a collection agency for a judgment creditor. As such, if the debtor fails to comply with the judgment, the creditor can attach a lien to the party's real property, or garnish their earnings or bank accounts, to collect the judgment. Most collection processes are begun by filing appropriate court forms with the court.
What Happens if a Defendant Does Not Pay a Judgment in Hawaii
Judgments are final court decrees that do not go away unless they are paid in full or discharged. As a result, if a defendant refuses to pay a judgment voluntarily or at the very least negotiate an installment payment plan with the judgment creditor, their nonexempt personal or real property may be taken to recover the judgment debt.
What Personal Property Can Be Seized in a Judgment in Hawaii?
Unless a judgment debtor's personal property is exempt from attachment and execution, it is subject to attachment and enforcement under Hawaii's laws. Any seized property will be sold at an auction, often known as a sheriff's sale, and the funds will be used to pay off the judgment in part or whole.
Hawaii Judgment Interest Rate
In an attempt to protect citizens from burdensome debts and to dissuade predatory lenders, Hawaii regulates interest rates by prohibiting usury and limiting the rate of interest that a creditor can collect on a judgment.
Interest rates vary depending on if the money owed is from a loan or court judgment. As a result, unless an express written contract specifies a different rate of interest, interest on civil judgments is calculated at the rate of 10% per year (Haw. Rev. Stat. § 478-3).
What is a Default Judgment?
According to Rule 55 of the Hawaii Rules of Civil Procedure, a default judgment is entered when a litigant (usually the defendant) fails to plead or otherwise defend their case.
The clerk or the court can enter a judgment by default upon a plaintiff's request. When a plaintiff's claim seeks to recover a specific sum from a defendant, the clerk may enter a default judgment for that amount upon submission of an affidavit of the due amount. However, the defendant must have been defaulted for failure to appear and must not be a child or an incompetent person.
In all other cases, the court will render the judgment. Note that the law prohibits the entry of a default judgment against a child or incompetent person unless a guardian represents the individual.
How to File a Motion To Set Aside Default Judgment in Hawaii
A court may set aside an entry of default if a party in a civil matter shows the court "good cause," as defined by Rule 60. According to Rule 60, the court may grant relief from a default judgment in these situations:
- If there were any clerical errors in the decision
- If there were errors and excusable negligence from either party
- If the court discovers new evidence that could not have been uncovered in time to request a new trial
- An adverse party's fraud, deceit, or other misconduct
- If the judgment is void
- If the judgment has been settled or discharged, or a preceding judgment upon which it is based has been overturned
- Any other circumstance that justifies relief from the court's decision
A motion to set aside a default judgment must be filed on time. If citing the first four grounds, the motion must be filed not more than one year after the judgment was entered. The process for filing this motion is outlined below.
File Motion To Vacate Judgment in Hawaii
The process for filing a motion to vacate a judgment in Hawaii is the same as filing one to set aside a default judgment. Any party interested in filing this motion must obtain, complete, and file the appropriate form with the court. In this form, the moving party must provide relevant information about the case, such as:
- Identifying information of the plaintiff and defendant
- Attorney's name and contact information, if applicable
- A sworn declaration that the information provided is true
- Reasons why the motion should be granted
The form also provides room for confirming the service of the motion and response to the motion.
How To Remove An Abstract Of Judgment In Hawaii
An abstract of judgment is a court-issued document that authorizes a judgment creditor to place a lien on a debtor's real property. This lien remains attached to the debtor's property for as long as the underlying judgment is valid. Typically, judgments must be paid in full or otherwise settled by the debtor before the judgment lien will be released from their property.
When a judgment is satisfied, the creditor or creditor's attorney must complete, file, and deliver a satisfaction of judgment document to the debtor, which may be registered with the Bureau of Conveyances at the debtor's expense. The satisfaction of judgment must reference the original judgment's registration document number. Once the document is filed, the lien on the judgment debtor's property will be removed.
How Long Is a Judgment Good For In Hawaii
According to Title 36, Chapter 657 of the Hawaii State Legislature, civil judgments have a ten-year expiration date. Hence, every judgment rendered by any court in the state is presumed to be paid and discharged ten years after it is issued. As a result, it is in the judgment creditor's best interests to act on the judgment quickly to avoid losing the opportunity to collect it. The court will not permit any action on a judgment after the ten-year period expires unless an extension is granted.
If the request for an extension is made within ten years after the initial judgment, the judgment's enforcement period may be extended. However, the request will only be approved if the creditor files a notice and a non-hearing or hearing motion to extend the judgment. In any case, a court will not extend a judgment for more than twenty years after it was initially granted.
Hawaii Judgment Statute of Limitations Law
Hawaii's civil statute of limitations is a time limit for bringing certain legal claims against an individual or organization. Per the law, this period can last anywhere between two and ten years.
In Hawaii, the statute of limitations for civil judgments may vary, depending on whether the court that heard the case was a court of record or not. A court of record is one whose proceedings are recorded and can be used as evidence in further proceedings. On the other hand, proceedings in courts not of record are not documented, and the judge makes decisions based on notes and recollection.
According to Chapter 657 of the state's code, civil judgments issued in a court of record have a ten-year statute of limitations, whereas judgments issued in non-record courts have a six-year statute of limitations (Haw. Rev. Stat. § 657-1).
