Hawaii Q&A by Practice Area


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Hawaii Questions & Answers

1 Answer | Asked in Tax Law for Hawaii on

Q: Can State of Hawaii file a tax lien for unpaid GE Tax for a corp tax due. Tax lien filed in my Name personally

If so, then all presidents of corporation are personally responsible for all debts due from corporation. So a corporation such as me how Corp went bankrupt the president of that corp is personally responsible to distribute funds from personal finances to pay creditors?

Bruce Alexander Minnick answered on Jun 20, 2019

Based upon your example, it is clear that your understanding of state tax law is incorrect. Consult a CPA or tax lawyer.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on

Q: Can an appeal be reversed and how many days do I have for a writ? Can the appeal be dismissed? Case be retried?

Bruce Alexander Minnick answered on Jun 20, 2019

You have stated no operative facts and asked four very different questions--all of which collectively might require a lawyer several hours to figure out and try to respond. No thanks.

1 Answer | Asked in Car Accidents for Hawaii on

Q: I drove into a main road from a public driveway and a car going too fast sideswipped my car.

On July 27 2018, I turned onto a main roadway to go north from a public driveway and a driver who were coming from a hill top curve (south) around 35-40mph side swooped my car. The speed limit in that area is 25mph. After assessing damages, I verified my insurance policy which showed good through... Read more »

Timur Akpinar answered on Jun 17, 2019

See if you could arrange a quick consultation with a Hawaii accident attorney to give the file a once-over. Unfortunately, you were entering a main road and without evidence in terms of video images, skid marks, eyewitness testimony, it could be difficult to support your assertions about the speed... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Tax Law for Hawaii on

Q: Can I legally charge a finders fee to help someone claim an escheat check?

Bruce Alexander Minnick answered on Jun 7, 2019

I would not try to do that unless you are a lawyer or otherwise have financial services credentials or debt collection credentials issued by Hawaii.

1 Answer | Asked in Divorce and Family Law for Hawaii on

Q: How will the following look to a judge.

How will it look to a judge that my son is paying a monthly amount to his wife who has walked out on him and four children? My daughter-in-law left in January and has little to do with the family. However, she drives the kids to school each morning and when our son needs to be out of town, she... Read more »

Don F. Harris answered on Jun 6, 2019

First, if he is in he military, he is likely required to support his spouse by the military so long as he is married. I have had my military male clients get reported by the separated wife to his chain of command for not supporting her, and it has caused my clients problems.

Second, I tell...
Read more »

1 Answer | Asked in Consumer Law and Banking for Hawaii on

Q: I was scammed; I need a consultation on Regulation E.

I was tricked into wiring money from my bank in Hawaii to a bank in New York. The FBI says I will not get my money back; the account at the bank in New York has been closed. I have other agencies working on recovering it but I don't have much hope. At this point, I am interested in paying an... Read more »

Bruce Alexander Minnick answered on Jun 6, 2019

If it helps at all, you should know that you are among many thousands of working Americans and retirees who have recently sent vast sums of money to strangers who promised "really great earnings" on their "investment." The FBI cannot possibly keep up with all the thieves. Moreover, since two... Read more »

1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on

Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no overheating issues"... Read more »

Bruce Alexander Minnick answered on May 28, 2019

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an extended... Read more »

1 Answer | Asked in DUI / DWI, Personal Injury and Car Accidents for Hawaii on

Q: Can I sue someone for a hit and run in Hawaii where its a no fault state when they fled the scene after hitting us?

We were making a left hand turn on a green light when a car came out of nowhere and ran a red light at a speed of at least 50mph. They T-boned our car and we spun out before bouncing off of a pole on the other side of the street and then finally coming to a stop. I and my sister had to be extracted... Read more »

Timur Akpinar answered on May 26, 2019

Contact a personal injury in Hawaii immediately. You have probably already notified your own insurance carrier; have your attorney place them on notice of an uninsured motorist claim. It sounds like it was a busy post-accident scene that involved a police response, as there were EMTs. Your attorney... Read more »

1 Answer | Asked in Immigration Law for Hawaii on

Q: Me and my foreign wife go to a green card interview next month. However, I was recently charged with a misdemeanor of

domestic battery and the charges were dropped by a judge. (me and my wife got into a drunken shoving match) Does my wife and I have to report this to the immigration office?

Kyndra Mulder answered on May 20, 2019

Yes. You need to report it and provide a complete certified copy of the record from the original arrest report to the final disposition. If the case was dropped in exchange for a plea and/or any program..... it is considered a guilty charge by the USCIS. It is also a crime of violence and a... Read more »

1 Answer | Asked in Banking, Business Law and Consumer Law for Hawaii on

Q: I was tricked into wiring nearly $60K of my retirement money to JP Morgan Chase Bank in New York. Will Reg. E help me?

I've notified all appropriate government agencies about the "theft." Research tells me Regulation E may cover me under these circumstances but I need an attorney's advice. Is there an attorney on the Big Island that I can consult about consumer bank law?

Bruce Alexander Minnick answered on May 13, 2019

You should use the Find a Lawyer tab located at the top of every page here on Justia.

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on

Q: Can a tenant terminate a commercial lease in hawaii if the business got robbed twice in 1 year?

Bruce Alexander Minnick answered on Apr 15, 2019

The answer is contained in the terms of your written lease.

1 Answer | Asked in Criminal Law for Hawaii on

Q: In Hawaii district criminal court the AUSA failed to turn over discovery until after Motions deadline...can it be suppre

Gary Kollin answered on Apr 9, 2019

I will not second guess your lawyer. Ask your lawyer

1 Answer | Asked in Child Support for Hawaii on

Q: If the custodial parent doesn’t go in office to be served papers, what happens to case?

The custodial parent received a letter that it was mandatory to go in the Child Support office by 4/1 to be served, or else state assistance would be stopped. What happens to case then, if she no longer is cooperating? Is case closed & paternity no longer established?

Robin R. Gregory answered on Apr 9, 2019

I need more information to answer your question. I can only assume you are the father and you filed a case with CSEA? Has paternity already been established? Are you on the birth certificate? Was there a prior order for child support?

I suggest you talk with an attorney who can ask you...
Read more »

1 Answer | Asked in Child Custody for Hawaii on

Q: if the other parent isn’t complying with court ordered visitation visits what can I do

Robin R. Gregory answered on Apr 9, 2019

I need more information to understand the answer you seek. I suggest you retain an attorney, give the whole story, and discuss your options. For example: If the other parent is not returning the child on time, you can file a motion to enforce a court order.

If the other parent is not...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Hawaii on

Q: My son's biological father has not see him in 2.5yrs & no $ in 8months, can I get his parental rights terminated?

He has repeatedly refused to visit his son and goes months without talking to him on phone. My son asked him to terminate his rights a couple months ago so my partner could adopt him, but he refused & then stopped communicating for months. What can I do to terminate his rights?

How long... Read more »

Robin R. Gregory answered on Apr 9, 2019

This is a complex issue and no "one way" to go about accomplishing your goal. Also, I would need to get more information before determining what is the "best" way to proceed. I suggest you retain an attorney and discuss your options. I have seen biological fathers who have no interest in the... Read more »

1 Answer | Asked in Banking for Hawaii on

Q: is a credit union required to send a notice when closing a checking account due to negative balance

Bruce Alexander Minnick answered on Apr 9, 2019

Yes, most credit unions do send out notices when they are closing an overdrawn account; but the notice may not arrive before they close the account.

1 Answer | Asked in Divorce for Hawaii on

Q: Hi, How can I ask the court for temporary support? HRS Title 31 580-9

going through divorce and my financial situation worsen and need help.

Shelby N. Ferrer answered on Mar 20, 2019

Yes, HRS 580-9 allows you to petition the court for orders for temporary alimony while you finalize your divorce. You need to file a Motion For Pre-Decree Relief to get a hearing date. The forms are available online at the Hawaii State Judiciary website. You should consult with an attorney to... Read more »

1 Answer | Asked in Family Law for Hawaii on

Q: Will a case be open if I don't give u.a.???? Does CPS really overlook THC?????

10 false accusations called in my baby daddy i.e. I beat, scream, leave my child alone, been diagnosed w/mental illness, manufacture drugs, am on heroin, meth, and weed.

My house was clean, my child's art work decorates my walls, my child is happy and healthy. Other than 2 cigarettes and a... Read more »

Robin R. Gregory answered on Mar 14, 2019

I suggest you get an attorney and don't do anything until you speak confidentially, with your attorney. It is illegal to smoke or otherwise ingest marijuana in the State of Hawai'i, unless you have a prescription and it is illegal in the United States. I don't know why CPS would "over look"... Read more »

1 Answer | Asked in Family Law for Hawaii on

Q: I'm 17, my fiancee is 21, my mom just signed over all rights to my dad, can I get married with just his signature?

Robin R. Gregory answered on Mar 14, 2019

If your father is the only parent with parental rights over you, then it would make sense your father's would be the only signature needed for consent for a minor to marry. Or, you can wait until you are 18 and you don't need any parent's signature. Good luck to you.

1 Answer | Asked in Family Law and Real Estate Law for Hawaii on

Q: Is it valid for parents to donate their only property ie house and lot to only 1 child excluding other children?

The parents have property in another country. It is the only property in their name and they donated it to 1 child excluded the others. Is this valid in Hawaii laws?

Robin R. Gregory answered on Mar 14, 2019

If the real property is in another country, the real property is probably governed by the laws of that country. Owners of property can generally give or sell real property to anyone they want. If it is a case of a child using "undue influence" to "force" parents to give property, that is another... Read more »

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