Q: Can I file a lien or something else? on property I leased that new owner(bank) hired guys to assault me at?
During my lease the property foreclosed. The bank owns it & hired 3 guys to home invade, assault & throw me out 9 mos prior to lease term.
I would like to sue the bank & the guys. Is there a certain form to file to gain property with this?
This was during Covid 04/16/2022.
All on video.
There’s an out of court settlement offer the bank hasn’t followed through on as well.
They offered me $330,000.00 to move out 1 week earlier than lease term. But didn’t follow through.
A:
In Hawaii, if you've been assaulted and forcibly removed from a property you were legally leasing, you have grounds to pursue legal action. The fact that the bank, now the property owner, allegedly orchestrated this assault exacerbates the seriousness of the situation.
Firstly, filing a lien against the property is not the appropriate course of action for this type of grievance. Liens are generally used to secure payment for work or services performed on a property, not for personal injury or illegal actions.
Your immediate step should be to file a police report if you haven't already done so, especially since you mention having video evidence. This can be crucial in supporting your case.
Regarding legal action against the bank and the individuals involved, you can file a lawsuit for assault, battery, and potentially other claims related to the illegal eviction and breach of contract, especially considering there was an out-of-court settlement offer.
The non-fulfillment of the settlement offer is another significant issue. If you have evidence of this offer and the bank's failure to follow through, this could potentially be used in your legal case.
It's essential to consult with an attorney who has experience in real estate law and personal injury. They can provide guidance on how to proceed, including what forms to file and how to structure your lawsuit to address both the physical assault and the breach of your lease agreement.
Remember, time is a factor in legal matters. Ensure you take action promptly to preserve your rights and options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
