Submitting a lawsuit and profitable in opposition to your opponent is simply step one in litigation. As a judgment creditor (“creditor”), the more durable half is amassing in your judgment in opposition to the debtor (“debtor”). You could find the debtor’s property and connect liens on them. Generally the debtor has property in one other state. With the intention to have any probability to put a lien on that property, the creditor should implement his/her judgment within the state the place the property is situated. If the debtor has property in Hawaii then the creditor is in luck as a result of Hawaii has procedures in place that permits the creditor to implement his/her judgment in Hawaii.
Underneath Hawaii legislation, a creditor who needs to implement a judgment that was entered in a court docket exterior the state of Hawaii (often known as a international or sister state judgment) should file a replica of such judgment, exemplified by the originating court docket, with the Hawaii state court docket having jurisdiction over the judgment. Pursuant to Chapter 636C of the Hawaii Revised Statutes, the Hawaii court docket by which the international judgment is filed will deal with this judgment in the identical method because it was initially entered by a Hawaii court docket. That’s, the international judgment has the identical impact and is topic to the identical procedures, defenses, and proceedings of reopening, vacating, or staying as a judgment of a court docket of the State, together with establishing a lien, and could also be enforced or happy in a like method.
The next are the procedures that have to be adopted when submitting a international judgment on a Hawaii state court docket:
1. The creditor must get hold of an exemplified international judgment that may finally be filed with the Hawaii court docket.
2. The creditor’s legal professional should file an Ex Parte Movement for Entry of Overseas Judgment. The Hawaii court docket will the docket the movement as a particular continuing.
3. The creditor might want to put together a Discover of Entry of Judgment/Order.
4. The Ex Parte Movement for Entry of Overseas Judgment would then be filed with the Hawaii court docket together with ample copies of the Discover of Entry of Judgment/Order.
5. The submitting payment can be as follows:
a. For Hawaii circuit courts, a $415 payment.
b. For Hawaii district courts, a $120 payment.
6. Though it’s not required, the creditor could serve a replica of the judgment (or discover of submitting) on the debtor.
7. The creditor should put together a Discover of Submitting Overseas Judgment and a pre-stamped envelope that has been addressed to the debtor, and current this stuff with the exemplified international judgment to the clerk’s workplace.
As soon as the creditor obtains a Hawaii judgment for the international judgment, the creditor can then pursue a judgment lien on the debtor’s property, if any, in Hawaii.