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Hawaii Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Hawaii on
Q: Under Hawaii law 607-14.5 Attorney fees and costs in civil actions, doesn't it involves domestic violence or injury?

In a TRO case the judge prior to the hearing began, stated that if I lost, than I would have to pay for the opposing attorney's fees. In our case there were no domestic violence and or personal injury, or hardship by lost of work, within the parties involved. There were no evidence shown... Read more »

Mark Simonds
Mark Simonds answered on Feb 12, 2022

Actually, the prevailing party in a TRO hearing may file a non-hearing motion for attorney’s fees and costs. That means there is no hearing, but you may file a written response if you object to paying the other side’s legal bill. The judge probably warned the parties of this in her or his... Read more »

1 Answer | Asked in Small Claims for Hawaii on
Q: On the 6th of January, I was involved in a minor collision where my car had collided with another. No one was harmed and

Both cars just had a minor bump and scratch. Basically, the women was very angry and asked for my insurance, I knew I wasn’t Insured so asked if we could go out of pocket. She then called the police, I called Geico (an insurance company) and got insured as a non owner on vehicles within the time... Read more »

Matthew A Sylva
Matthew A Sylva answered on Feb 10, 2022

You should consider consulting an attorney for actual legal advice based on what's in your question above. Your situation involves possible insurance fraud (if you filed a claim with Geico for the accident versus just showing the police that you had current insurance by the time they arrived).... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Hawaii on
Q: How do I get my money back on a false misrepresentation of a claim on a product I bought?

I purchased a device that claimed FDA approval and it is not. I based the purchase on being told it was FDA approved.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Hawaii attorney could advise best, but your question remains open for five weeks. Hawaii consumer laws aside, which only a local attorney could advise about, the most practical approach could be to request refund through the company's customer service department. If there's more to the... Read more »

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

This happened in Hawaii. A pedestrian was under the influence of drugs and walking in the middle of the highway at night. I hit her with my car. The police report states that I am not at fault. She was injured and taken to the hospital. My insurance will pay her medical, because that’s what’s... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 26, 2017

You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?

1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

They are posting it everywhere on Facebook and getting people to attack us. The person who crashed into their parked car left a note and the number isn't my fiancé but somehow brought them to his Facebook account. What should we do?

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2017

Notify your insuance to be on the safe side. Have an attorney draft a cease and desist letter. They can also give you a couple of short sentences you can respond to. If they aren't getting a rise out of you, sooner or later they will find something else.

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