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Hawaii Civil Litigation Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Litigation for Hawaii on
Q: Can I sue for compensation if a jointly owned property was sold without my authorization in Hawaii?

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

Anthony M. Avery
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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

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3 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Real Estate Law for Hawaii on
Q: Can a debt buyer foreclose on a discharged second mortgage in Hawaii?

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

Anthony M. Avery
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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

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1 Answer | Asked in Real Estate Law, Business Law and Civil Litigation for Hawaii on
Q: What are my options, if i'm being sued as a guarantor for a loan?

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

Anthony M. Avery
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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

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii on
Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation for Hawaii on
Q: Breach of Contract? Conversion? Bailment?

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?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation, Employment Law and Personal Injury for Hawaii on
Q: Got laid off after 15years making complaints about work safety. Forced to use expired safety equipment. Union did nothin

Union backed the company. I went out on TDI and soon as I got off I got let go.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Hawaii on
Q: Seeking procedure for serving summons and complaint in Hawaii to state departments.

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

James L. Arrasmith
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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

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Hawaii on
Q: How to serve a complaint to Hawaii's DAGS and DHS?

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Hawaii on
Q: Legal actions for parasitic infection contracted at HI shelter.

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Civil Litigation and Civil Rights for Hawaii on
Q: How can I fight a retaliatory GA restraining order linked to a HI will dispute?

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Federal Crimes for Hawaii on
Q: in Hawaii State code 444–22 during covid & losing a contractors license mid job due to no payment by plaintiff what laws

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

James L. Arrasmith
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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

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 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 Civil Litigation for Hawaii on
Q: I was served a summons in a civil lawsuit and have 20 days to respond. I can not afford an attorney.

The suit appears to be frivolous, naming 50 plus defendents including the US Dept of Justice, the governor etc. What are my options

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Litigation and Civil Rights for Hawaii on
Q: Are landlord required to notify tenants when a writ of possession is issued after default summary possession

Default was granted when answer was unable to be filed do to medical emergency

Mark Simonds
Mark Simonds
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

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... View 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... View 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.

2 Answers | Asked in Civil Litigation and Contracts for Hawaii on
Q: Can I oppose a motion to transfer from Hawaii small claims court to circuit court ?

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

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Civil Litigation for Hawaii on
Q: I do not have a license or insurance and was rear ended will their insurance pay my repairs and can I get in trouble?
Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Hawaii on
Q: Is the owner of a motor vehicle liable for damage caused by an insured driver of that vehicle?

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

Peter N. Munsing
Peter N. Munsing
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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