Hawaii Q&A by Practice Area

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Hawaii Questions & Answers

1 Answer | Asked in Public Benefits and Social Security for Hawaii on

Q: I am 56 yr male. I have been butcher for 33 years,only profession I know. Have glaucoma for 15 years. Take 4 medicines

Daily. Right eye 20/200 with 70% loss of vision. Left eye 20/50 with 60% vision loss. Can I qualify ssdi

Tim Akpinar answered on Aug 22, 2019

An attorney who deals with SSDI matters (and who could hopefully give you meaningful direction here) would have better chances of picking up your question if you added a couple of categories, or reposted. Try adding "Social Security" and "Public Benefits" to your categories. Or you could also... Read more »

1 Answer | Asked in Civil Litigation for Hawaii on

Q: Is it against the law to be on the beach in honolulu. Hi at anytime of the day in honolulu. Hawaii

Tim Akpinar answered on Aug 17, 2019

If the person has the right to be on the beach during the hours it is open to the public or to residents and isn't violating any beach/park regs, it would seem to be within the law. Good luck

Tim Akpinar

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

Q: I financed my vehicle through a dealership that was in cahoots with the financing co. In 2014. W/ 3 lawsuits

I have kept all my paperwork, payments everything and I recently found that 4 different states filed class action lawsuits against santander at least 3 of the, describe my situation and I can prove it all

Can I too file a lawsuit against the financing co and/or the dealership for the 1... Read more »

Bruce Alexander Minnick answered on Jul 30, 2019

If you really found four different states that filed class actions against a dealership, three of which sound like they are after the same relief you are you may have more (and cheaper) options than trying to sue them yourself. Try calling one of the law firms involved in the three similar cases.

1 Answer | Asked in Agricultural Law for Hawaii on

Q: Hello how can I prove my agriculture structure is out of the flood plain near a stream based on its height? Thank you

The structure is elevated but close to a stream. I know there are provisions for this but I can't seem to find the information I need.

Tim Akpinar answered on Jul 28, 2019

This question generally arises in connection with flood insurance. A starting point could be to coordinate with your insurance carrier what their requirements include. This could involve an elevation survey, but before making that expenditure, learn what the requirements of your insurance carrier... Read more »

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

Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every other... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »

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 »

Tim 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 »

Tim 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 »

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