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Hawaii Questions & Answers
1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can I do multiple times stays one month and leave US for 5 month in same year and still qualify to apply for citizenship

Marry to a US citizen, currently holding a 2-year conditional green card and planning to apply for citizenship when the time comes. However, I need to do medical treatment outside of the US, and the treatment required about a year to recover. I don't want to re-start the time of being qualify... Read more »

Agnes Jury
Agnes Jury answered on Apr 28, 2021

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.... Read more »

1 Answer | Asked in Civil Litigation for Hawaii on
Q: The Board of Directors has changed, although we haven't had any meetings. How can this be

The president of the board moved and sold his unit. No meeting was held to fill vacant position.

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 16, 2021

What do your governing documents say when a director or office sells his unit? The documents should detail removal and/or replacement.

1 Answer | Asked in Criminal Law and Immigration Law for Hawaii on
Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Apr 12, 2021

The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: A commercial vehicle was parked in a unmarked stall and reversed into my car as I parked

The commercial vehicle where it was parked isn't a loading or unloading zone, basically a unmarked area.

As I proceeded to reverse my car into a marked stall the commercial vehicle started reversing as well, my car was basically 80% in the stall until it hit my front right of my car.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 2, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. In most jurisdictions, it would be difficult to pin all liability on one party or the other in these types of settings, with both vehicles in reverse in a parking lot setting. Some of the options before you include going... Read more »

1 Answer | Asked in Trademark for Hawaii on
Q: This is my company logo that has been stolen from me. Does this show that J & S own this trademark?

I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 13, 2021

you should consult with an attorney

did you ever register the mark?

how long did you stop using it?

what products do you make and they make?

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: I had an accident with a revoked license should I have a lawyer to aid me in this matter?
Tim Akpinar
Tim Akpinar answered on Mar 9, 2021

A Hawaii attorney should advise you here, but your post remains open for two weeks, and it's likely that time is of the essence in what you need to do. Some states treat driving without a valid license as a misdemeanor - only a Hawaii attorney could advise there. But at least find out the... Read more »

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... Read more »

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: I had an accident with a revoked license should I have a lawyer to aid me in this matter?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

Very definitely. Look for an attorney who handles traffic citations. If the crash wasn't your fault you have a claim for your injuries and should contact a member of the Hawaii Trial Lawyers Association--they give free consults.

Pomaika'i !

1 Answer | Asked in Foreclosure and Real Estate Law for Hawaii on
Q: My auntie defaulted on her mortgage and have not paid for the past 10 years while a judicial foreclosure case is ongoing

The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 25, 2021

To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... Read more »

1 Answer | Asked in Family Law and Immigration Law for Hawaii on
Q: My father abandoned me in India and is in usa for 15+ years and is a green card holder.what r my rights in usa?

he is not divorced with my mother.

has illegal marriages as well as children from two other women.

he does not support's us financially but is hawaii court claims that he is doing so.

I want to come to usa and get alimony for my mother .

what are our rights in... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 20, 2021

This sounds like a complicated situation. Please call my office at 916-378-0259 for further information.

1 Answer | Asked in Consumer Law and Land Use & Zoning for Hawaii on
Q: Encroachment of a wall on my boundary line is less than one foot.

The wall was built over 20 years ago and a recent survey revealed the wall encroached less than a foot into neighbor’s land.

Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. You could repost in the Real Estate section. There wasn't a question included, but if you're wondering about adverse possession and other issues arising here, an attorney might need to see the survey and other... Read more »

1 Answer | Asked in Consumer Law and Medical Malpractice for Hawaii on
Q: If MFT therapy starts in Hawaii and the client moves, Can therapy go on even if the client is no longer in Hawaii?

Hawaii revised Statutes.

Tim Akpinar
Tim Akpinar answered on Jan 17, 2021

A Hawaii attorney could advise best, but your question remains open for four weeks. For MFT (marriage family therapy?) issues, a divorce or family law attorney could be able to offer meaningful input. There are headings for those those areas here. Not all questions get picked up, but if you wanted... Read more »

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: My husbands ex fiancé won’t sign the quit claim deed for the house....

She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2021

If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.

1 Answer | Asked in Child Support for Hawaii on
Q: How can I get information on my child support if he resides in a different state?

I have 3 children’s. My oldest child is in college and the other two are still in high school. My ex husband is 13,000 back pay child support. He resides in another state. How can I get information how when am I going to get the back child support payments?

Paul Ylvisaker
Paul Ylvisaker answered on Dec 20, 2020

Contact the Hawaii child support services agency. Once you make application they will do the legal work to collect child support owed. It is not a quick process, but it is essentially free and they catch up to non-payers who have arrears.

1 Answer | Asked in Contracts and Real Estate Law for Hawaii on
Q: My client who owns a home in the County of Hawaii passed away. The deed is only in his name and his wife wants to sell.

How do we get authority to sell and do we need to go through probate if there is not a will in place?

Tim Akpinar
Tim Akpinar answered on Dec 11, 2020

A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... Read more »

1 Answer | Asked in Tax Law for Hawaii on
Q: realized error on tax filing resulting of overpayment. Used gross vs net & paid taxes on gross amt. Over period of 10yrs

How do i remedy and is it possible to claim refund of overpayment.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 13, 2020

Sure. But you will have to file an amended tax return for each of the years you say was your tax was calculated on gross income instead of net.

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: Who has legal rights to my late dads estate. Me as I'm his only legal daughter or my illegitimate sister?

My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2020

Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.

1 Answer | Asked in Elder Law, Health Care Law, Personal Injury and Landlord - Tenant for Hawaii on
Q: How do you care for the elderly in your home And Keep out Dept of Health interferes.

Rental agreement is used by a caregiver/ lessor and residents/ tenants to make it legal but now Dept of Health creates all kind of rules . How do we protect ourselves from all this.

Tim Akpinar
Tim Akpinar answered on Sep 30, 2020

A Hawaii attorney could advise best, but your question remains open for four weeks. One option, which you likely already realize, could be to sit down with a local attorney familiar with the new laws and identify issues that could arise in the future. You could also contact social workers and... Read more »

1 Answer | Asked in Contracts for Hawaii on
Q: I work for a banquet facility. Is a drawn up banquet agreement legal and binding? Will it hold up in court?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Hawaii attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, if a contract is valid, it should be legal and binding. If it's a standard contract that has been used for years without being challenged and it contains the requirements of a valid... Read more »

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