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Hawaii Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Small Claims and Civil Litigation for Hawaii on
Q: I was apart of this class action lawsuit and did everything asked yet never received any settlement or even a response

I'm wondering what I should do because I honestly feel let down once again basically by the DOE who really didn't give me the education I deserved or could have gotten and now the state of Hawaii although technically we won, it feels like I'm yet again getting a high school... View More

James L. Arrasmith
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answered on Jan 18, 2024

In a situation where you were part of a class action lawsuit and have not received any settlement or response, your first step should be to contact the law firm that represented the class in the lawsuit. Ensure that they have your current contact information and inquire about the status of the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Trying to make a personal injury claim against the at-fault driver ins policy. They told me I must meet a $5000 PIP?!

Accident occurred in HI. Insurance carrier for at-fault driver is AAA.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Hawaii attorney could advise best, but your question remains open for four weeks. I can't speak for Hawaii's PIP (personal injury protection) system - only your state's local attorneys could advise on that. I can say that different states can impose their state-specific thresholds... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sibling is living in a house that is part of my parents trust. There are several beneficiaries. Can I remove him?

As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay... View More

James L. Arrasmith
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answered on Jan 8, 2024

As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
James L. Arrasmith
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Hawaii on
Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.

For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my... View More

James L. Arrasmith
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answered on Dec 5, 2023

Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior.... View More

1 Answer | Asked in Uncategorized for Hawaii on
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... View More

James L. Arrasmith
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answered on Dec 5, 2023

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...
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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii on
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More

Mark Simonds
Mark Simonds
answered on Nov 28, 2023

What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your...
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1 Answer | Asked in Estate Planning and Probate for Hawaii on
Q: Put our home in a Hawaiian not calif trust so that it won’t go thru probate?

Our banker told us to put the home in a Hawaiian trust (not calif ) so the home would not go thru probate? What is the simplest way to achieve this goal?

Kelly LaPrade
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Kelly LaPrade
answered on Nov 27, 2023

Aloha,

To change ownership in a property located in Hawaii generally the current owners would convey the property in a new deed to the trustee of the trust. This answer assumes a few pieces of information which would need attorney verification. Thank you

1 Answer | Asked in Construction Law for Hawaii on
Q: Can a construction contract threaten imprisonment if project is not completed
Tim Akpinar
Tim Akpinar
answered on Dec 24, 2023

A Hawaii attorney could advise best, but your question remains open for four weeks. Until you are able to consult with a local attorney regarding protocols for construction contracts under Hawaii law, that sounds unusual for any jurisdiction. Construction contracts generally impose monetary... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it alright to use an airhorn to deter someone when they are getting aggressive?

There is this person who I've had words with that often times starts arguments from nothing, i.e. minding my business than they show up to yell about something. If I've had history of this person being verbally aggressive to start fights, can I use an airhorn as a way to fend them off?

Mark Simonds
Mark Simonds
answered on Nov 12, 2023

You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.

Once filed, and, if granted, follow through with service and attend the court hearing.

The self-help center of your local courthouse can...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Does a dismissed citation in Hawaii remain on my record?

I was given a citation for drinking on the beach in Hawaii. I live in North Carolina and was told to call to schedule a virtual court appearance. When I called, I was informed that the case was not being pursued by the prosecutor so it is dismissed. I asked if this meant it would not appear on... View More

T. Augustus Claus
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answered on Nov 6, 2023

Yes, a dismissed citation in Hawaii can remain on your record. In Hawaii, dismissed citations are not automatically expunged from your record. If you want to have a dismissed citation expunged, you must file a petition with the court.

1 Answer | Asked in Family Law and Divorce for Hawaii on
Q: Is there grounds for an annulment?

Thank you

T. Augustus Claus
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answered on Oct 18, 2023

Grounds for an annulment in Hawaii can include factors like fraud, bigamy, impotence, lack of consent, and underage marriage. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Criminal Law for Hawaii on
Q: How many diazepam can a person legally have?
T. Augustus Claus
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answered on Oct 13, 2023

There is no legal limit on the number of diazepam pills a person can possess in Hawaii. However, diazepam is a Schedule II controlled substance, which means that it has a high potential for abuse and addiction. As a result, it is important to only possess diazepam if you have a valid prescription... View More

1 Answer | Asked in Collections for Hawaii on
Q: Can a repo person take your vehicle if your gate was closed?

A repo person opened up our gate (signs of no trespassing was visible), drove onto our property and towed our car off our property while we were home. No permission to come onto our property was given.

James L. Arrasmith
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answered on Nov 9, 2023

Under Hawaii law, a repo person generally cannot trespass onto private property or break into a locked gate to repossess a vehicle. Some key points:

- Hawaii Revised Statutes §480-13 prohibits trespass by a repo agent to effectuate a repossession, except with express permission from the...
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1 Answer | Asked in Business Law and Real Estate Law for Hawaii on
Q: To fill a vacancy on the condo BOD, the directors plan to appoint a person to serveuntil February 2025. Is it legal?

Until a year after the next annual meeting of owners in February 2024.

T. Augustus Claus
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answered on Sep 27, 2023

Board of Directors (BOD) appointments in a condominium are generally guided by the association's bylaws and applicable state laws. If the bylaws permit the BOD to appoint someone until the next annual meeting, this could be permissible. However, this would need to be cross-referenced with... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I was arrested and charged with UCPV bail set$12,000 I didn’t steal vehicle it was given to me as a gift by a friend

How can I get charges dismissed

Mark Simonds
Mark Simonds
answered on Sep 24, 2023

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Divorce and Family Law for Hawaii on
Q: I am 66 years old, unmarried and residing for 8 years with a controling man who I depend on financially. I need $ to esc

In response to his proposal of marrige ,I gave up my business, friends, vocational license, all because he asked me to. When asked why I wasn't introduced to family and friends. He asked me to wait for his dad to pass. Eight lonely isolated years of empty promises later, he tells me... View More

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. Personal injury and general civil litigation attorneys (the chosen categories here) are not really versed in these issues. You could try reposting under Divorce, and if... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Can an HOA in Hawaii pass new CCR’s to prevent the subdivision of land that was allowed by the county.

Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.

T. Augustus Claus
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answered on Aug 24, 2023

In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More

1 Answer | Asked in Uncategorized for Hawaii on
Q: I already get 1000 dollars deducted automatically every month and write another check for 600 to my ex am I paying too

Much to my ex wife or is she taking advantage of me bc of not knowing my rights and also being threaten from her claiming to take all my work retirement and military as well

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2023

A Hawaii attorney could advise best, but your question remains open for two weeks. You could repost this and add "Divorce" as a category. Don't include personal information. Some questions do go unanswered on this forum, but you'd have better chances of a response with the added category. Good luck

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