Get free answers to your Civil Litigation legal questions from lawyers in your area.
I own a real estate property jointly, and it was sold without my signature or authorization. I have documentation of my ownership but do not have contact or communication with the other partner. I am uncertain about the exact legal terms of the joint ownership, and I haven't yet obtained... View More 
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answered on Apr 6, 2025
How is your interest listed on the deed? If no deed with your name, you own nothing. If you are a titled owner, then hire a HI attorney to sue all interested parties for ejectment, quiet title, etc. Apparently you were not an owner, and think your partnership made you an owner, which it did... View More
I am in Hawaii, and a "debt buyer" is attempting to foreclose on my property over a second mortgage. This mortgage was part of a promissory note that was discharged in bankruptcy over five years ago. At that time, my first mortgage was modified to defer past due amounts, while the second... View More
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answered on Mar 31, 2025
If the debt, apparently a note, was actually discharged in BR, then there is nothing for the mortgage instrument to secure payment of and is void. Check out the BR carefully to make sure the debt was properly listed and discharged. The collection may be in violation of BR law. A possible... View More
I signed as a guarantor for a loan, as well as I signed as the manager for an LLC that I owned. The loan was secured by a property that was owned by the LLC. The LLC sold the property in a quit-claim deed. To another person with the loans attached to the deed. With the understanding that the... View More
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answered on Sep 4, 2024
No lender gives money only to a single member LLC. Lender probably does not have to go after any collateral first in a guaranty, but that may be a defense. Deed in lieu of foreclosure may be an option. Breach of contract action against owner may be worth something. Consult with a competent HI... View More
Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More
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answered on Jun 29, 2024
This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:
1. Review your HOA's governing documents and bylaws to ensure they followed... View More
A ‘friend’ agreed to store a footlocker for me while I was away. While I was away for four years we stayed in touch however when I returned he said he no longer had the footlocker. In the state of Hawaii does this violate any laws?
answered on Jun 12, 2024
A Hawaii attorney could advise best, but your question remains open for three weeks. It looks like a bailment. Conversion usually requires intent, which isn't detailed in your post. So unless there is further information about acts that indicate something about your friend's state of... View More
Union backed the company. I went out on TDI and soon as I got off I got let go.
answered on Mar 25, 2024
A Hawaii attorney could advise best, but you await a response for four weeks. One option is to reach out to employment/labor law attorneys to try to arrange a brief, free initial consult. In addition to your own searches, there's a tab above, "Find a Lawyer (which lists attorneys by area... View More
Aloha Lawyers, I need assistance with the procedure for serving a summons and complaint in Hawaii, particularly to the Department of Accounting and General Services and the Department of Human Services, Employee Claim Division. Rule 4(d)(5) mentions serving the state and delivering copies to the... View More
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answered on Apr 13, 2025
In Hawaii, when serving a summons and complaint to state departments like the Department of Accounting and General Services (DAGS) or the Department of Human Services (DHS), Rule 4(d)(5) of the Hawaii Rules of Civil Procedure outlines the proper procedure. According to the rule, you need to serve... View More
Aloha Lawyers, thank you for your generosity and time. I am seeking assistance with the procedure for serving a summons and complaint in Hawaii, specifically to the Department of Accounting and General Services and the Department of Human Services, Employee Claim Division. The rule 4 (d) (5)... View More
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answered on Apr 13, 2025
To serve a summons and complaint to the Department of Accounting and General Services (DAGS) and the Department of Human Services (DHS) in Hawaii, you must follow the process outlined under Rule 4(d)(5) of the Hawaii Rules of Civil Procedure. This rule requires you to serve the complaint and... View More
I stayed at a shelter with individual rooms from November 2021 to January 2024, during which I contracted a severe parasitic infection. I have documented my symptoms extensively and have taken multiple pictures of myself and my room. Although I have seen a doctor several times, who is affiliated... View More
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answered on Apr 12, 2025
I’m really sorry you’ve had to go through this, especially while relying on a place that was supposed to offer safety and care. If you contracted a parasitic infection while living in the shelter, and you have evidence linking the condition of your room or the shelter’s environment to your... View More
I’m caught in a will and trust dispute that escalated when my cousin, whom I had just served with litigation paperwork, filed a restraining order against me in Georgia, claiming harassment. The allegations are false and retaliatory. I was served less than 24 hours before the hearing, during which... View More
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answered on Mar 24, 2025
Interstate restraining orders can be complicated, especially when they appear retaliatory and involve multiple states like Hawaii and Georgia. Given the short notice before your hearing and your medical circumstances, you have strong grounds to request reconsideration or appeal the three-year... View More
contractor lost license due to nonpayment by company with a contract with to do work but they kept adding additional work all information is in the correspondence on email including a promise of payment not for filled and the person who promised stopped working there questionably as i the... View More
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answered on Sep 7, 2024
In your situation, several legal avenues could help you recover the unpaid amounts due to you, despite losing your contractor's license. Under Hawaii Revised Statutes (HRS) Chapter 444-22, a contractor may still have rights to collect payments for work completed before losing their license,... View More
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
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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
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
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
The suit appears to be frivolous, naming 50 plus defendents including the US Dept of Justice, the governor etc. What are my options
answered on May 6, 2023
An attorney in Hawaii could advise best, but your question remains open for three weeks. If you haven't already addressed the matter, try to arrange a brief consult with an attorney to discuss your best options, whether through an answer, motion, request for extension, or other action. It may... View More
Default was granted when answer was unable to be filed do to medical emergency
answered on Mar 23, 2022
What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords... View More
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... View More
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... View More
The president of the board moved and sold his unit. No meeting was held to fill vacant position.
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.
I sued for $5,000 for failure to pay for hourly labor and equipment. He's counter suing for $96,000 , and has filed a motion to transfer to circuit court. This is for work preformed on a sailboat
answered on Jul 26, 2020
A Hawaii attorney would be able to advise best, but your question remains open for three weeks. To remove from state court to federal district court, the party would generally need to establish a basis for subject matter in federal court. You could review the paperwork with a Hawaii attorney. That... View More
answered on Apr 24, 2020
This is something on which a Hawaii attorney should advise, as it would be governed by state law. But your post remains open for four weeks. Until you obtain meaningful guidance from a Hawaii attorney, a general premise applied in many jurisdictions is that an accident victim without insurance... View More
Here the driver is insured under the policy and hits a pedestrian causing serious bodily injury in excess of the $20,000 uninsured motorist coverage. The owner of the vehicle was not present at the accident. The owner of the vehicle lent the vehicle to the driver and put the driver on the insurance... View More
answered on Oct 22, 2019
I would argue that they are not, but their insurance is--in most states the owners insurance is primary.
But in most states for you to be personally responsible other things have to be shown.
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